The Veteran's service-connected right elbow disability is rated at 30 percent, but the Board finds that his symptoms more nearly approximate ankylosis at a favorable angle between 90 and 70 degrees. Therefore, the claim for a higher rating to 40 percent is granted.
The deciding factor: The clinical findings and testimony indicate significant functional limitation of the right elbow joint, including pain and marked limitation of motion, which more nearly approximates ankylosis at a favorable angle between 90 and 70 degrees.
- Claimed conditions
- Right Elbow Arthritis, Loose Body in Joint
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 23, 2009
- Citation
- 0935964
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0935964.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's right elbow disability, including arthritis and a fracture of the radial head, is currently rated at 10 percent for pain under DC 5213. The Board finds no basis to grant higher ratings as there is no evidence of ankylosis or other conditions warranting higher evaluations.
- Denied
The Veteran's right elbow disability was denied for a compensable evaluation prior to July 13, 2020 due to limitation of flexion not reaching the required degree.,From July 13, 2020 onwards, the Veteran's right elbow disability was also denied for any rating in excess of 20 percent for limitation of flexion.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection are remanded due to insufficient medical evidence regarding the etiology of his claimed disabilities.
- Dismissed
The Board dismissed the Veteran's appeal for a rating in excess of 10 percent for right elbow arthritis and denied his request for an earlier effective date. The highest possible evaluation was assigned on March 25, 2010.
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