The Veteran was granted a 20 percent initial disability rating for degenerative arthritis of the left ankle and carpel tunnel syndrome of the left wrist, resolving all reasonable doubt in favor of the Veteran.
The deciding factor: The decision considered the limitation of motion due to pain and other factors as required by DeLuca v. Brown, resulting in a higher rating based on moderate limitation of motion and additional impairment from flare-ups.
- Claimed conditions
- Low back pain, Peripheral neuropathy of the left lower extremity (secondary to service-connected diabetes mellitus), Peripheral neuropathy of the right lower extremity (secondary to service-connected diabetes mellitus), Degenerative arthritis of the left ankle, Carpel tunnel syndrome of the left wrist
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 13, 2009
- Citation
- 0909411
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.
- Partly granted
The Board granted service connection for low back pain and migraines, effective October 1, 2019. The claim for sciatic nerve pain was remanded.
- Remanded (sent back)
The Board remands the claims for service connection for low back pain, left shoulder osteoarthritis, right shoulder rotator cuff, right bicep tendonitis, left bicep tendonitis, obstructive sleep apnea, and Meniere's Syndrome (vertigo) to address duty-to-assist errors.
- Denied
The Board denied service connection for bilateral hearing loss, an increased rating for generalized anxiety disorder with depression (GAD), and a compensable rating for pseudofolliculitis barbae. The claims for service connection for chronic left knee pain, chronic right knee pain, low back pain, neurogenic erectile dysfunction, onychomycosis, and pain and dysfunction of the right shoulder were remanded.
- Partly granted
The Board granted service connection for low back pain, right knee pain, and neck pain (cervical strain) but denied service connection for bilateral hearing loss. The claim for headaches was remanded.
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