The Veteran's low back disability with spondylolisthesis, DJD, and disc disease is currently rated at 40 percent. The RO has not provided a higher rating as the evidence does not show ankylosis or incapacitating episodes.,For his right knee injury, the Veteran is already receiving the maximum schedular evaluation of 10 percent under Diagnostic Codes 5010-5260. The VA examiner found flexion limited to 92 degrees and extension limited to 10 degrees upon repetitive use, which corresponds to a non-compensable rating.,The Veteran's radiculopathy of the left lower extremity is rated at 10 percent under Diagnostic Code 8520. The VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,For his right lower extremity radiculopathy, the Veteran is also rated at 10 percent under Diagnostic Code 8520. Similar to the left side, the VA examiner found mild incomplete paralysis, which does not warrant a higher rating.,The Veteran's migraine headaches are currently rated at 30 percent effective December 9, 2010, and 50 percent from September 11, 2013. The RO has not provided a higher rating as the evidence does not show more than very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,The Veteran's sleep apnea is not service-connected. The VA examiner found no medical evidence linking his sleep apnea to military service or service-connected migraine headaches.,For the period from August 18, 2010, to January 5, 2015, the RO has granted a TDIU based on the Veteran's combined 100 percent schedular rating for his service-connected disabilities.
The deciding factor: The evidence does not show ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS) that would warrant a higher evaluation under Diagnostic Codes 5242 and 5262.,The Veteran's right knee injury is rated at the maximum schedular evaluation of 10 percent due to flexion limited to 92 degrees and extension limited to 10 degrees upon repetitive use, which corresponds to a non-compensable rating under Diagnostic Codes 5260 and 5261.,The Veteran's radiculopathy is rated at the maximum schedular evaluation of 10 percent due to mild incomplete paralysis in both lower extremities, which does not warrant a higher rating under Diagnostic Code 8520.,For his migraine headaches, the evidence shows very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability from September 11, 2013. However, the Veteran's combined schedular rating for service-connected disabilities renders this issue moot as of January 6, 2015.,The VA examiner found no medical evidence linking the Veteran's sleep apnea to military service or service-connected migraine headaches.,For the period from August 18, 2010, to January 5, 2015, the RO has granted a TDIU based on the Veteran's combined 100 percent schedular rating for his service-connected disabilities.
- Claimed conditions
- Low back disability with spondylolisthesis, degenerative joint disease (DJD), and disc disease, Right knee injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 20, 2018
- Citation
- 1810806
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 1810806.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection of back, left knee, and right knee injuries due to a lack of VA examinations.
- Granted
The Veteran was granted a total disability rating due to individual unemployability from December 2, 2019 to June 15, 2021 on an extraschedular basis.
- Granted
The Board has granted service connection for the Veteran's right knee injury, finding that his current condition is related to an in-service injury and resolving all doubt in favor of the Veteran.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence of a current diagnosis and requires a new VA examination to determine the nature and etiology of the Veteran's right knee condition.
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