The veteran's chronic lumbar strain is rated at 20 percent, but no higher, for symptoms that are not productive of more than moderate limitation of motion on functional use. The other conditions were found to not warrant a compensable rating.
The deciding factor: The limitation of flexion noted on VA examination was to 70 degrees, which is not consistent with even moderate limitation of lumbar motion, and this degree of motion more than offsets any additional limitation of extension that may be considered beyond moderate. There is no evidence of severe symptoms or intervertebral disc syndrome.
- Claimed conditions
- chronic lumbar strain, residuals, status post dislocation of the right little finger, dyshidrotic eczema of both feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 28, 2009
- Citation
- 0903017
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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The Board granted a 40 percent rating for chronic lumbar strain, restored the 10 percent rating for right knee patellofemoral syndrome effective February 11, 2023, and granted separate 10 percent ratings for instability of the right knee. The decision also granted a 70 percent rating for PTSD from June 8, 2021, and TDIU based on PTSD alone from August 21, 2021, along with SMC under 38 U.S.C. § 1114(s) based on housebound status from the same date.
- Denied
The Board denied service connection for kidney cancer and residuals as the evidence did not support a causal relationship between the Veteran's in-service toxic risk exposure and his current condition.
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