The veteran's cervical spine disorder is currently rated at 40 percent, effective from December 1994. His lumbar spine disorder has been increased to a 20 percent rating since the same date.
The deciding factor: The June 2003 VA examination findings supported an increase in the evaluation for the veteran's cervical spine disorder to 40 percent based on severe degenerative changes and mild right hemiparesis, with no signs of cervical radiculopathy. The lumbar spine disorder was rated at 20 percent since December 1994.
- Claimed conditions
- Chiari I malformation of the cervical spine, spondylosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 30, 2004
- Citation
- 0417428
Veterans Law Judge
Decisions by this judge: 1,055 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0417428.
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 granted service connection for sciatic radiculopathy of the right lower extremity, effective April 2025.
- Remanded (sent back)
The appeal is remanded to obtain opinions regarding whether the Veteran's left ankle ganglion cyst, spondylosis of the lumbar spine, knee strain, and acromioclavicular joint arthritis are caused or aggravated by his service-connected chronic musculoskeletal pain syndrome.
- Dismissed
The VA proposed reducing the appellant's disability rating for spondylosis of the lumbar spine from 40 percent to noncompensably disabling, but this proposal was not finalized and thus the appeal is dismissed.
- Remanded (sent back)
The Board has remanded the cases due to incomplete development related to the Veteran's lumbar spine surgery and increased rating claims. The AOJ is instructed to obtain missing medical records from the Campbell Clinic, validate the VA Form 21-4142, and then readjudicate both issues.
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