The Veteran's service-connected low back pain with herniated disc L4-5 level with degenerative changes was rated at 40 percent, and a separate 10 percent rating for radiculopathy involving the right lower extremity was granted. The claim to reopen service connection for a right knee condition was successful.
The deciding factor: The disability picture more nearly approximated that of functional loss due to pain with forward flexion of the thoracolumbar spine limited to 30 degrees, and new evidence related previously unestablished facts necessary to substantiate the claim of service connection for right knee condition.
- Claimed conditions
- Low back pain with herniated disc L4-5 level with degenerative changes, Right knee condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 23, 2009
- Citation
- 0910660
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 denied an initial compensable rating for bilateral hearing loss and remanded the service connection claims for vertigo, dry eye syndrome, and various bilateral conditions due to insufficient evidence.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for other specified depressive disorder, generalized anxiety disorder, somatic symptom disorder, alcohol use disorder, left hip condition, left knee condition, left lower extremity radiculopathy, left upper extremity radiculopathy, right hip condition, right knee condition, right lower extremity radiculopathy, right upper extremity radiculopathy, shin splints, left leg, shin splints, right leg, and traumatic brain injury (TBI) for further development.
- Remanded (sent back)
The Board remands the claims for service connection and a compensable rating for further development, including scheduling new VA examinations.
- Denied
The Board denied service connection for the Veteran's low back, neck, right hand, left hand, right knee, and left knee conditions as there was no evidence to support a finding that these conditions were related to active service or caused by any service-connected disability.
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