Subj: Multiple Ratings Under Former 38 C.f.r. § 4.71a, Diagnostic Code 5285 (2003)

[allan]

Department of Memorandum

Veterans Affairs

Date: June 23, 2006 VAOPGCPREC 3-2006

From: General Counsel (022)

Subj: Multiple Ratings under Former 38 C.F.R. § 4.71a, Diagnostic Code 5285 (2003)

To: Chairman, Board of Veterans’ Appeals (01)

QUESTION PRESENTED:

Does former 38 C.F.R. § 4.71a, Diagnostic Code (DC) 5285 (2003), authorize a single 10-percent additional disability rating based on demonstrable deformity of a vertebral body, or does DC 5285 permit multiple 10-percent additional ratings for multiple deformed vertebrae?

http://www1.va.gov/ogc/docs/PREC3-2006.doc