The deciding factor: The VA examinations showed limited range of motion, but no more severe limitation of flexion or extension that would warrant a higher rating under Diagnostic Code 5260.
- Claimed conditions
- Healed compression fracture, T12-L1, Degenerative changes of the lumbar spine (low back disability), Chondromalacia of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 13, 2019
- Citation
- 19146254
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied the veteran's claims for increased ratings for his right and left knee disabilities, except that it granted a 10 percent rating for instability of the right knee prior to September 28, 2018, and a 20 percent rating from that date. The Board also granted a 10 percent rating for instability of the left knee.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 10 percent for service-connected chondromalacia of both knees and entitlement to TDIU due to deficiencies in the prior VA examinations.
- Remanded (sent back)
The Board has remanded the issues of service connection for an acquired psychiatric condition and rating higher than 10 percent for chondromalacia of both knees based on instability. The initial rating for bilateral pes planus remains denied.
- Granted
The Veteran's neuralgia of the sciatic nerve in the left lower extremity is granted a 20 percent rating. The Board also grants entitlement to a disability rating in excess of 10 percent for chondromalacia of the right knee, entitlement to a disability rating in excess of 10 percent for chondromalacia of the left knee, and remands the claim of entitlement to service connection for a cervical spine disability. The Veteran's headaches with lightheadedness are granted a compensable evaluation.
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