The reduction in the disability evaluation for a respiratory disorder including sinus, lung, throat, and headache with loss of concentration was proper. The criteria for a compensable evaluation have not been met.,The reduction in the disability evaluation for a back pain condition was proper only to the extent that a reduction to 10 percent was warranted.
The deciding factor: The recent medical evidence did not show significant upper respiratory symptoms, such as polyps or greater than 50-percent obstruction of nasal passage on both sides of the nose.,While there was improvement in the Veteran's low back symptoms, particularly in terms of range of motion, there is evidence of tenderness and guarding.
- Claimed conditions
- Respiratory disorder including sinus, lung, throat, and headache with loss of concentration, Back pain condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 17, 2010
- Citation
- 1018317
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 1018317.
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
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