The Board denied the veteran's claims for increased ratings, finding that the evidence did not support higher ratings for her service-connected disabilities.
The deciding factor: The Veteran's lumbar spine disability was found to be no more than 40 percent disabling and the cervical spine, right shoulder, left ankle, bilateral toes, and right foot disabilities were found to be non-compensably disabling. The urinary stress incontinence was already rated at its maximum 60 percent level.
- Claimed conditions
- residuals of bilateral sagittal sliding osteotomy (BSSO) with genioplasty, urinary stress incontinence, lumbar spine degenerative joint disease (DJD) and degenerative disc disease, cervical spine DJD, right shoulder DJD, left ankle DJD with calcaneal spurs and plantar fasciitis, status post left foot hammertoe surgery with first metatarsal phalangeal joint DJD, status post right foot hammertoe surgery with first metatarsal phalangeal joint DJD, right foot calcaneal spur
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2009
- Citation
- 0905304
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.
- Partly granted
The Board granted service connection for bilateral knee degenerative joint disease and right shoulder DJD, but denied service connection for a compensable rating for scar, right bunionectomy, bilateral hearing loss (BHL), and right radiculopathy.
- Granted
The Board granted service connection for multiple degenerative joint diseases of the right and left wrist, knee, shoulder, elbow, and hip, including as secondary to a lumbar spine disability.
- Partly granted
The Board granted service connection for right foot pes planus as secondary to the Veteran's service-connected right foot calcaneal spur and granted increased ratings for PTSD, right foot calcaneal spur, degenerative arthritis of the lumbar spine (including intervertebral disc syndrome, stenosis), left lower extremity radiculopathy, sciatic nerve, right lower extremity radiculopathy, sciatic nerve, left lower extremity radiculopathy, femoral nerve, and right lower extremity radiculopathy, femoral nerve.
- Partly granted
The Board granted service connection for right and left foot disabilities but dismissed the appeal for a right kidney cyst.
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