The Veteran's claim for an increased rating for costochondritis is denied as his condition does not meet the criteria for a 100% rating.,The Veteran's claim for an increased rating for back disability prior to December 5, 2019 and thereafter is denied. The Board finds that the evidence does not show impairment warranting a higher rating under any applicable diagnostic code.,The Veteran's claims for initial ratings of 20% for right lower extremity radiculopathy and left lower extremity radiculopathy are denied as there is no evidence of incapacitating episodes or other factors warranting such a rating.,The Veteran's claim for an earlier effective date for the award of service connection for right lower extremity radiculopathy is denied. The Board finds that the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.
The deciding factor: The January 2020 PFT results showed improvement from previous examinations, but did not meet the criteria for a 100% rating as there was no evidence of cor pulmonale, right ventricular hypertrophy, pulmonary hypertension, one or more episodes of acute respiratory failure, or a need for outpatient oxygen therapy.,The November 2018 and January 2020 VA examinations showed normal range of motion results with no additional limitation after repetitive use testing. The Board found the November 2018 examination to be lacking in detail but still probative as to ranges of motion tested and other objective findings.,There is no evidence showing incapacitating episodes or other factors warranting a higher rating for right lower extremity radiculopathy, such as muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.,The Veteran's claims for earlier effective dates are denied as the evidence does not show entitlement to an earlier effective date under any applicable law and regulations.
- Claimed conditions
- costochondritis, chronic lumbosacral strain with spondylosis and levoscoliosis, spinal stenosis, and degenerative arthritis of the spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 6, 2024
- Citation
- A24053532
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 A24053532.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Veteran's claim for bilateral hearing loss was denied, but his claims for tinnitus and costochondritis were granted.,The Board has remanded the claims for left ventricular hypertrophy (LVH), pericarditis, and myxomatous mitral valve.
- Granted
The Board has granted service connection for costochondritis, finding that the evidence is in equipoise as to whether the condition is related to in-service chest pain.
- Granted
The Veteran's headaches are granted service connection, with the Board finding that his headaches started during active duty and have persisted.,Service connection for bilateral hearing loss is denied as there is no current diagnosis of hearing loss for VA purposes.
- Granted
The Veteran's tinnitus is granted as incurred in service.,The Veteran's left knee meniscal tear with degenerative arthritis is granted as incurred in service and has continued since then.
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