The veteran was initially granted a 10 percent disability rating for his back condition prior to December 2, 1998. As of December 2, 1998, he was awarded a 40 percent disability rating.
The deciding factor: Prior to December 2, 1998, the veteran's back condition did not meet the criteria for a higher disability rating due to its mild nature and lack of significant functional impairment. As of December 2, 1998, his condition warranted a 40 percent disability rating based on moderate limitation of motion.
- Claimed conditions
- degenerative joint and disc disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 5, 2001
- Citation
- 0115512
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 0115512.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew his appeal, and the Board dismissed all issues related to higher evaluations for major depressive disorder with anxious distress and cannabis use disorder associated with degenerative joint and disc disease, lumbar spine, to include lumbago, as well as TDIU.
- Dismissed
The Board dismissed the Veteran's claims for service connection for degenerative joint and disc disease of the lumbar spine and cervical spine due to his death.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a TDIU prior to August 11, 2014.
- Remanded (sent back)
The Veteran's combined disability rating is currently at 60%, which does not meet the percentage standards for a TDIU under 38 C.F.R. § 4.16(a). However, due to his service-connected lumbar spine disability and other conditions, he may be unemployable by reason of service-connected disabilities. The case is being remanded so that it can be submitted to the Director, Compensation and Pension Service, for extra-schedular consideration.
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