The Veteran's claim for a higher rating for his right foot fracture is denied as the evidence does not show that his disability meets or approximates the criteria for a higher rating. The Veteran's service-connected right shoulder injury with degenerative joint disease and cervical spine degenerative disc disease are rated based on their current manifestations, which do not warrant a higher rating.
The deciding factor: The clinical findings from the October 2012 VA examination did not support the Veteran's claims of increased disability beyond that compensated. The evidence does not indicate that his right foot fracture meets or approximates the criteria for a higher rating under any applicable diagnostic code.
- Claimed conditions
- Right Shoulder Injury with Degenerative Joint Disease, Right Foot Fracture, Right Foot Arthritis, Cervical Spine Degenerative Disc Disease, Left Hand Numbness, Acquired Psychiatric Disorder (to include Depression with Sleep Impairment)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 4, 2015
- Citation
- 1533071
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 1533071.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted an initial disability rating of 20 percent for the Veteran's service-connected right and left feet conditions, which include arthritis, hallux valgus (bunions), and calluses. The ratings are effective from December 18, 2008.
- Denied
The Board denied the Veteran's claims for earlier effective dates for his cervical spine disability and left upper extremity radiculopathy ratings, finding that no pending claim prior to March 10, 2020, supported these requests.
- Granted
The Veteran's wife has been providing regular care and assistance to the Veteran since February 13, 2017 due to his service-connected disabilities. The Board grants an effective date of February 13, 2017 for SMC based on need for aid and attendance.
- Partly granted
The Board granted service connection for a left hip disability, cervical spine degenerative disc disease, and thoracolumbar degenerative disc disease with arthritis. The right hip disability was denied.
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