The Board has granted a reduction in the veteran's disability evaluation for degenerative disc disease of the cervical spine from 40 percent to 30 percent, effective April 2000. The veteran's claim for increased ratings for his cervical and lumbar spine disabilities was denied, as were his TDIU claims.
The deciding factor: The reduction in disability evaluation was appropriate due to lack of objective neurological findings other than muscle spasm. The veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Cervical Spine, Degenerative Disc Disease (DDD) of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 1, 2002
- Citation
- 0204024
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 0204024.
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.
- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Denied
The Veteran's initial increased ratings for cervical spine disability with DDD and bulging disc were denied. The claim was also denied for a higher rating from April 14, 2020.,The Board found that the Veteran did not meet criteria for ankylosis or unfavorable ankylosis of the cervical spine, thus denying her request for increased ratings.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
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