The Board has determined that the veteran's submission of a VA Form 9 to the Board in September 1999 constituted a timely substantive appeal as to his claim for a compensable evaluation for service-connected degenerative joint disease of the lumbar spine. The issues regarding cervical spine, thoracotomy with excision of tuberculoma right lung, and tender scar are still pending.
The deciding factor: The veteran submitted a VA Form 9 in September 1999, which was considered timely as it pertained to his claim for a compensable evaluation for service-connected degenerative joint disease of the lumbar spine.
- Claimed conditions
- Degenerative arthritis of the cervical spine, Status post thoracotomy with excision of tuberculoma of the right lung, Residual tender scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 21, 2002
- Citation
- 0206721
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 0206721.
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.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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