The Veteran's cervical spine disability was rated at 10 percent prior to May 28, 2009 and at 20 percent from that date. The right knee strain with degenerative changes has been rated at 10 percent since the initial award of service connection in June 2005. The Veteran's right hand fracture was not assigned a compensable rating.,The Veteran's cervical spine disability is currently rated as 20 percent disabling prior to May 28, 2009 and 40 percent from that date.
The deciding factor: The Veteran's cervical spine disability has been rated based on limitation of motion. The evidence does not show incapacitating episodes or disc disease with such episodes.,The Veteran's right knee strain with degenerative changes is currently rated as 10 percent disabling, which is the maximum rating available under Diagnostic Code (DC) 5260.
- Claimed conditions
- Status Post Anterior Fusion C5-6 with Limitation of Motion, T1-2 Muscle Spasm with Mild Limitation of Motion, Right Knee Strain with Degenerative Changes, Status Post Fracture Right 5th Metacarpal
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 3, 2014
- Citation
- 1404791
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 1404791.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claims for increased ratings were partially granted. He was awarded a separate 10 percent rating from October 2, 2020, for instability of the right knee. The other claims remain denied.
- Denied
The Veteran's appeal for an increased rating of right knee strain with degenerative changes was denied. The Board found that the disability did not meet or approximate the criteria for a higher than 10 percent rating based on limitation of motion. Service connection claims for PTSD, bilateral hearing loss, tinnitus, and right foot disability were also addressed but no specific disposition is provided.
- Remanded (sent back)
The Board has remanded the case for further development, including an examination to determine the etiology of the Veteran's right knee disability and whether it is related to his service-connected lumbar strain.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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