BVA Case 16-2334: Back

Real Board of Veterans' Appeals decision · December 7,2017 · MEREDITH, Judge

Outcome
Vacated / Remanded
Decision Date
December 7,2017
Judge
MEREDITH, Judge
Service Era
Not specified

Conditions Claimed

BackKneeShoulderHipSkinGiEyeArthritisRadiculopathy

Issues on Appeal

Knee ConditionIncreased RatingHip Condition

Why It Was Decided This Way

The appellant expressly asked VA why it did not consider her right hip labral tear a disability separate from her right hip bursitis.

The Board found that the appellant's shoulder symptoms,including functional loss due to pain,fatigue,and less movement than normal,were already taken into consideration .

The Board determined that Diagnostic Codes 5200 (ankylosis of scapulohumeral articulation),5201 (limitation of motion of the arm),and 5202 (other impairment of the humerus)were not applicable.

With respect to the appellant's right hip disability,the Board noted that bursitis had been rated under 38 C.

Turning to the appellant's right knee disability,the Board noted that the condition was currently assigned a 10% disability rating under 38 C.

The Board determined that the evidence did not support a higher disability rating under Diagnostic Code 5260 for limitation of flexion, but that the 13 appellant was entitled to a higher, 20%disability rating under Diagnostic Code 5258 for dislocated semilunar cartilage with frequent episodes of locking,pain,and effusion.

Finally,the Board noted that the appellant's costochondritis and radiation fibrosis had been rated noncompensably disabling under 38 C.

After reviewing the evidence,the Board provided the appellant the benefit of the doubt and increased the disability rating assigned for costochondritis and radiation fibrosis to 10% for moderate impairment under Diagnostic Code 5321.

Authorities Cited

Allday v. BrownArdison v. BrownBest v. PrincipiBond v. DerwinskiFletcher v. DerwinskiGilbert v. DerwinskiHampton v. GoberJones v. ShinsekiKutscherousky v. WestLuca v. BrownLyles v. ShulkinMonzingo v. ShinsekiOwens v. BrownQuirin v. ShinsekiRobinson v. ShinsekiSchafrath v. DerwinskiSee Breeden v. PrincipiSee Caluza v. BrownSee Frankel v. DerwinskiSee Kay v. PrincipiSee Medrano v. NicholsonSee Mitchell v. ShinsekiSee Pederson v. McSee Robinson v. PeakeSee Sellers v. ShinsekiSee Washington v. NicholsonSharp v. ShulkinStefl v. NicholsonWeaver v. Principi

Denial Type

Credibility|Inadequate Exam

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