The veteran's degenerative arthritis of the thoracic spine does not cause any limitation of motion.,The veteran has been granted the maximum schedular rating available for his degenerative arthritis of the lumbosacral spine, and thus an increased rating claim must be denied based on a lack of entitlement under the law.,The veteran's spondylosis and degenerative disc disease of the cervical spine have also been granted the maximum schedular rating available, resulting in a denial of his increased rating claim for this condition.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy of the lower extremities is related to his service-connected lumbosacral spine disorder.,The combined disability rating of 70 percent assigned from June 19, 1997 was correctly calculated by the M&ROC using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.
The deciding factor: There is no evidence of any limitation of motion in the veteran's thoracic spine, warranting a noncompensable rating under DC 5291.,The maximum schedular ratings for degenerative arthritis of the lumbosacral spine and spondylosis and degenerative disc disease of the cervical spine have already been granted, thus any increased rating claim must be denied based on a lack of entitlement under the law.,There is no competent medical evidence indicating that the veteran's peripheral neuropathy is related to his service-connected lumbosacral spine disorder.,The combined disability rating was correctly calculated using the combined ratings table.,The criteria for a total rating for compensation based on individual unemployability due to service-connected disabilities have been met.
- Claimed conditions
- degenerative arthritis of the thoracic spine, degenerative arthritis of the lumbosacral spine, spondylosis and degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2001
- Citation
- 0105837
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 0105837.
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
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- Partly granted
The Board denied the Veteran's claim for a rating in excess of 10 percent for right lower extremity radiculopathy, sciatic nerve involvement and remanded the claim for a rating in excess of 40 percent for degenerative arthritis of the lumbosacral spine.
- Remanded (sent back)
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- Remanded (sent back)
The Board remanded all issues to address a duty-to-assist error and locate missing private treatment records.
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