The veteran's intervertebral disc syndrome is rated at 60 percent since July 1997, and his bronchial asthma remains at a 10 percent rating.
The deciding factor: The veteran's intervertebral disc syndrome has been consistently characterized by pronounced symptoms including muscle spasms, pain, and limitation of motion, warranting the highest available rating under DC 5293.
- Claimed conditions
- Intervertebral Disc Syndrome, Bronchial Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- July 25, 2002
- Citation
- 0208403
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 0208403.
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.
- Partly granted
The Board restored the 40% rating for IVDS and denied a compensable rating for the mid-back scar. The claims for higher ratings and TDIU were remanded for further development.
- Denied
The Board denied the Veteran's claim for a separate 50 percent disability rating for service-connected obstructive sleep apnea, as it is prohibited by law to assign separate ratings for coexisting respiratory disabilities.
- Denied
The appeal to revise, based on clear and unmistakable error (CUE), an October 2020 rating decision's assignment of a 50 percent disability rating for obstructive sleep apnea with bronchial asthma was denied.
- Denied
The Board denied an evaluation greater than 50 percent for sleep apnea and a separate rating for bronchial asthma, as the Veteran's symptoms did not meet or approximate the criteria for higher ratings.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.