The Veteran's back disability is rated at 40 percent, and he has a separate 20 percent rating for neurological impairment of the right lower extremity. The other conditions are not rated higher.
The deciding factor: The Veteran demonstrated favorable ankylosis of the entire thoracolumbar spine, warranting a 40% rating under DC 5243. He also has severe incomplete paralysis of the superficial peroneal nerve, which warrants a separate 20% rating under DC 8522.
- Claimed conditions
- Back Disability, Posttraumatic Stress Disorder (PTSD) with Major Depression, Left Quadriceps Tear, Bilateral Pes Planus, Pseudofolliculitis Barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 18, 2011
- Citation
- 1101866
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 1101866.
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.
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The Veteran's appeals for an initial compensable rating for athletes' foot and a greater than 30 percent rating for bilateral pes planus have been dismissed due to untimely VA Form 10182 submissions.,The Veteran's claim of service connection for chronic fatigue syndrome has been remanded.
- Granted
The Veteran's service connection for traumatic brain injury is granted, and he is awarded a higher level of SMC based on the need for aid and attendance due to his service-connected PTSD and additional disabilities.
- Remanded (sent back)
The Board has determined that the VA rating decision denying service connection for a right knee disability and a back disability is not supported by adequate medical opinions, and thus remands the case for further development.
- Remanded (sent back)
The Board has determined that the Veteran's claims for service connection of a left knee disability, back disability, and left elbow disability must be remanded due to inadequate VA examinations. The Veteran provided lay reports of symptoms but the VA examiners did not consider these reports in their conclusions.
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