The Board has determined that the veteran's service-connected residuals of a back injury warrant an increased evaluation to 70 percent, as his disability is manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, moderately severe neurological impairment in the left lower extremity, and moderate neurological impairment in the right lower extremity.
The deciding factor: The veteran's degenerative disc disease resulted in significant functional limitations that warranted a higher evaluation under the revised criteria for rating disabilities of the spine effective September 26, 2003.
- Claimed conditions
- Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 12, 2004
- Citation
- 0428056
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 0428056.
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 PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
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