The Veteran's right elbow disability is currently rated at 10 percent, and the Board finds no basis for a higher rating.,Prior to September 27, 2018, the Veteran's back disability was rated at 10 percent. The Board finds that a higher rating is not warranted based on the evidence of record.
The deciding factor: The right elbow disability does not meet or approximate criteria for a higher rating as flexion limitation has not reached 90 degrees, and extension limitation has not reached 15 degrees.,For the back disability prior to September 27, 2018, the evidence shows that the Veteran's range of motion was limited but did not meet or approximate criteria for a higher rating as flexion limitation was less than 60 degrees.
- Claimed conditions
- {"condition_name":"Right Elbow Disability"}, {"condition_name":"Back Disability","details":{"prior_to_2018_date":true,"issues":["Flexion limited to 85 degrees with pain at 80 degrees, and extension limited to 15 degrees with pain at 10 degrees"]},"exposure_basis":null}, {"condition_name":"Radiculopathy of the Left Lower Extremity","details":{"rating_assigned":20,"issues":["Manifested by mild constant pain, intermittent pain, paresthesias and/or dysesthesias"]},"exposure_basis":null}, {"condition_name":"Radiculopathy of the Right Lower Extremity","details":{"rating_assigned":20,"issues":["Manifested by mild constant pain, intermittent pain, paresthesias and/or dysesthesias"]},"exposure_basis":null}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 5, 2019
- Citation
- 19126095
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Granted
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