The veteran's cervical spine disability was rated at 50 percent, while the right ankle remained at 20 percent. The combined rating did not exceed 40 percent.
The deciding factor: The severity of the cervical spine condition and its impact on daily life were considered in determining the increased evaluation.
- Claimed conditions
- osseous fusion of the cervical spine at C3-C4 due to healed fracture, traumatic arthritis of the right ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2009
- Citation
- 0904829
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board is remanding the claims for increased ratings for the service-connected right and left ankle disabilities to ensure compliance with a Joint Motion of the parties.
- Granted
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- Remanded (sent back)
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- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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