The veteran's service-connected degenerative joint disease of the lumbar spine with herniated nucleus pulposus, status post laminectomy and diskectomy is rated at 40 percent, which is the maximum schedular rating available for this condition. The veteran's service-connected degenerative joint disease of the cervical spine does not warrant a compensable rating.
The deciding factor: The veteran's service-connected lumbar spine disability has been found to more nearly approximate severe intervertebral disc syndrome with recurrent attacks, warranting a 40 percent evaluation under Diagnostic Code 5293. The cervical spine disability did not meet the criteria for any higher schedular rating.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine with Herniated Nucleus Pulposus, Status Post Laminectomy and Diskectomy, Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 7, 2001
- Citation
- 0112852
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 0112852.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Granted
The Veteran's low back disability was restored to a 20 percent rating effective February 24, 2022. The other issues were denied.
- Partly granted
The Veteran's cervical spine disability was granted a rating of 30 percent, but no higher, for the period from October 28, 2016 to December 11, 2023. The Veteran's right and left knee disorders were remanded due to insufficient medical opinion.
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