The Board denied the Veteran's claims for higher initial ratings for her service-connected right elbow osteoarthritis, finding that the evidence did not meet the criteria for a rating in excess of 40 percent for limitation of flexion and extension, or an increased rating for impairment of supination and pronation. The maximum available rating under the applicable diagnostic codes was assigned.
The deciding factor: The preponderance of the evidence showed that the Veteran's right elbow joint motion did not meet the criteria for higher ratings based on specific limitations of motion as defined in the VA Rating Schedule, particularly when considering functional loss due to pain and other factors listed in § 4.59.
- Claimed conditions
- right elbow osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 21, 2020
- Citation
- 20068295
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.
- Granted
The Board granted service connection for multiple joint conditions, including left and right shoulder acromioclavicular joint osteoarthritis, elbow osteoarthritis, ankle strain, hip strain, and wrist strain.
- Partly granted
The Board granted service connection for left elbow osteoarthritis, right elbow osteoarthritis, and right shoulder torn rotator cuff as secondary to the Veteran's service-connected right shoulder tendonitis with glenohumeral joint osteoarthritis and acromioclavicular joint osteoarthritis. The rating was restored from 20% to 30%, and a 40% disability rating for the right shoulder condition was granted.
- Partly granted
The Board granted service connection for right elbow osteoarthritis and remanded the claims for higher ratings for left and right knee osteoarthritis.
- Granted
The Board granted service connection for multiple osteoarthritis conditions, headaches, an acquired psychiatric disorder, diabetes mellitus, sleep apnea, and gout based on the evidence showing a relationship to the Veteran's active duty service.
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