The Veteran's lumbosacral strain with degenerative disc disease and limitation of motion is rated at 40 percent, which is the maximum schedular rating available. The right and left knee disabilities are each rated at 10 percent for arthritis and limitation of motion.
The deciding factor: The evidence does not show at least six weeks of incapacitating episodes during any year of the period on appeal, nor does it demonstrate favorable or unfavorable ankylosis with consideration of pain, weakness, incoordination, and fatigability. The Veteran's knees have a range of motion from zero degrees to near normal 120 degrees of flexion, without additional limitation due to pain, weakness, incoordination, or excess fatigability.
- Claimed conditions
- fibromyalgia, myofascial pain syndrome, sleep apnea, stool leakage, cervical stenosis and intervertebral disc syndrome (IDS), right ankle disability, left ankle disability, right hip disability, left hip disability, shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 1, 2011
- Citation
- 1108125
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 1108125.
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.
- Granted
The Veteran's claim for service connection for migraines was reopened due to new evidence. Service connection is granted for painful scars, but the rating assigned remains at 10 percent. The claims for fibromyalgia and bilateral shoulder disability are denied.
- Remanded (sent back)
The Board has expanded the scope of the claim to include any mental health disorder raised by the record and has remanded for additional development regarding service connection for left leg, ankle, and psychiatric disabilities.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Denied
The Board denied the Veteran's claim for service connection for sleep apnea, finding that there was no evidence of a chronic disease manifesting within one year after service and concluding that the current disability is not related to his in-service deviated septum.
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