The Board denied a 10 percent evaluation for multiple non-compensable service-connected disabilities under 38 C.F.R. § 3.324 as the veteran's service-connected disabilities do not clearly interfere with his normal employability.
The deciding factor: There is no evidence that the veteran's service-connected disabilities interfere with his ability to work, and he has not contended otherwise.
- Claimed conditions
- restrictive lung defect secondary to chest wall defect and fractured right ribs III through X, status post fracture of the right fifth metatarsal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 16, 2009
- Citation
- 0902093
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0902093.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's claim for a higher rating for his service-connected left knee strain is remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an appropriate VA examination. The Veteran's right foot disability has already been rated as high as possible under VA regulations.
- Remanded (sent back)
The veteran's claim for a higher initial rating for service-connected status post fracture of the right fifth metatarsal is being remanded due to the need for additional development under the Veterans Claims Assistance Act of 2000.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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