The veteran did not have loss of use of either lower extremity, and higher ratings for the other conditions were not warranted.
The deciding factor: The evidence showed that the veteran had some effective, albeit limited, use of his lower extremities, which does not equate to a complete loss of use as defined by regulation. For the other conditions, the criteria for higher ratings were not met based on the evidence available at the time of the veteran's death.
- Claimed conditions
- loss of use of both lower extremities, panic disorder without agoraphobia, right lower extremity peripheral vascular disease, left lower extremity peripheral vascular disease, irritable bowel syndrome, history of multiple transient ischemic attacks with cerebrovascular accident and residual aphasia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905711
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.
- Denied
The Board denied service connection for various conditions, including a head injury, headache disorder, erectile dysfunction, left earache disorder, chronic fatigue, right shoulder disorder, irritable bowel syndrome, right foot disorder, GERD, and left shoulder disorder, as the evidence did not support current diagnoses of these conditions.
- Granted
The Board granted an effective date of February 13, 2024 for a 30 percent rating for irritable bowel syndrome.
- Partly granted
The Board granted service connection for gastroesophageal reflux disease, obstructive sleep apnea, and chronic obstructive pulmonary disease but denied service connection for irritable bowel syndrome. The Board also denied an increased rating for the Veteran's service-connected psychiatric condition.
- Partly granted
The Board denied service connection for a deviated septum and chronic sore throat, dismissed the issue of a sinus condition, and remanded claims for asthma, hypertension, and irritable bowel syndrome.
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