The Veteran's anxiety disorder is rated at 70 percent, which exceeds the requested rating of 30 percent.,CAD is currently rated at 30 percent and does not warrant a higher rating due to the absence of congestive heart failure or left ventricular dysfunction with an ejection fraction of 30 to 50 percent.,The thoracolumbar spine disability is rated at 20 percent, which corresponds to forward flexion limited to 60 degrees during flare-ups and after repetitive use testing. The Veteran's symptoms do not meet the criteria for a higher rating due to lack of left ventricular dysfunction or ankylosis.,Left knee chondromalacia is rated at 10 percent, which corresponds to objective evidence of painful motion without loss in range of motion on flexion. The Veteran's symptoms do not warrant a higher rating.,GERD with hiatal hernia is rated at 10 percent and does not meet the criteria for a higher rating due to lack of considerable impairment of health.
The deciding factor: The severity, frequency, and duration of the Veteran’s anxiety disorder symptoms do not most closely approximate total occupational and social impairment as required for a 100% rating. The symptoms are more aligned with a 70% evaluation.,CAD does not meet the criteria for a higher rating due to lack of congestive heart failure or left ventricular dysfunction with an ejection fraction of 30 to 50 percent, and the Veteran's workload is within the range that requires continuous medication but does not exceed 7 METs.,The thoracolumbar spine disability manifests as forward flexion limited to 60 degrees during flare-ups and after repetitive use testing. This corresponds to a 20% evaluation under DC 5003, which is the highest rating available for this condition based on range of motion measurements.,Left knee chondromalacia does not meet the criteria for a higher rating due to lack of considerable impairment of health as required by Diagnostic Code 5260. The Veteran's symptoms are limited to painful motion without loss in range of motion on flexion.,GERD with hiatal hernia is rated at 10 percent and does not meet the criteria for a higher rating due to lack of considerable impairment of health, as required by Diagnostic Code 7346.
- Claimed conditions
- Anxiety Disorder not otherwise specified, Arteriosclerotic heart disease (CAD), Thoracolumbar spine disability, Left knee chondromalacia, Gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- November 13, 2020
- Citation
- 20073091
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.
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The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
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- Granted
The Board granted service connection for bilateral hearing loss, arthritis of the cervical spine, cervical radiculopathy of the left arm, back disability, left elbow condition, left shoulder condition, left wrist condition, left hand condition, hypertension, and an initial rating of 10 percent for coronary arteriosclerosis prior to September 24, 2024.
- Denied
The Board denied the claims for service connection for a facial injury, head injury, and left thumb injury as there was no evidence of current disability or functional impairment. The claims for GERD, squamous mucosa, migraine headaches, and hypertension were remanded for further development.
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