The Veteran's right and left thumb tardive dyskinesia have not more nearly approximated the criteria for a higher disability rating under Diagnostic Code 5228, resulting in a denial of increased ratings.
The deciding factor: The February 2021 VA examination revealed normal range of motion with no gap between the thumbs and fingers during flare-ups, which does not meet the criteria for a 20 percent rating as per Diagnostic Code 5228.
- Claimed conditions
- Tardive Dyskinesia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 24, 2024
- Citation
- A24060362
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 A24060362.
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.
- Dismissed
The Board has dismissed the Veteran's claims for compensation under 38 U.S.C. § 1151 for tardive dyskinesia and a cervical spine disability, as no valid appeal was filed.
- Denied
The Veteran's tardive dyskinesia is denied as it was not caused by VA carelessness, negligence, or fault. The Veteran's chemical brain injury claim is also denied.
- Denied
The Veteran's claim for an initial compensable rating for tardive dyskinesia was denied.,The Board also denied the Veteran's service connection claim for a left eye twitch, diagnosed as eyelid myokymia.
- Granted
The Veteran's tardive dyskinesia is found to be due to or the result of his service-connected depressive reaction, manic type. The Board finds that this condition is secondary to his service-connected disability and grants service connection for this purpose.
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