BVA Case 16-2334: Back
Real Board of Veterans' Appeals decision · December 7,2017 · MEREDITH, Judge
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
Denial Type
Credibility|Inadequate Exam
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