The Board denied service connection for a bilateral leg disability, granted a 40 percent rating for low back degenerative joint disease status post traumatic injury and surgery, but did not grant an evaluation in excess of 10 percent for residuals of fracture of right elbow.
The deciding factor: The evidence does not support the existence of a chronic bilateral leg disorder or a higher rating for the veteran's service-connected disabilities based on the current severity of symptoms.
- Claimed conditions
- bilateral leg disability, residuals of fracture of right elbow, low back degenerative joint disease status post traumatic injury and surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 27, 2009
- Citation
- 0902722
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a left knee disability, bilateral hip disability, back disability, bilateral leg disability, hypertension, and gastrointestinal disability, as there has not been substantial compliance with previous remand directives.
- Denied
The Board denied service connection for multiple disabilities, including shoulder, elbow, hand, leg, ankle, paralysis, hypertension, tuberculosis, eye, hernia, and vertigo, as there was no evidence of current disability or a nexus to service.
- Dismissed
The veteran withdrew her appeals for service connection and increased rating, thus the Board dismissed both matters.
- Denied
The Board denied service connection for a bilateral shoulder disability, back disability, bilateral leg disability, bilateral hip disability, and radiculopathy, bilateral lower extremities.
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