The Board has remanded the issue of entitlement to higher initial evaluations for the veteran's service-connected cervical and lumbar spine disabilities.
The deciding factor: The claim was previously denied in February 1985, but the effective date is being set based on a March 17, 1999 formal application for benefits. The issue of entitlement to higher initial evaluations remains pending.
- Claimed conditions
- Cervical Spine, Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2005
- Citation
- 0500321
Veterans Law Judge
Decisions by this judge: 1,012 · Granted: 24% (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 0500321.
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.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection of a right shoulder disability. Service connection is granted for OSA, left ankle, lumbar spine, and right hip disabilities. The claims for an acquired psychiatric disorder and coronary artery disease are remanded.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Denied
The Veteran's cervical spine disability is rated at 30 percent, and the Board finds that this rating is not warranted for any period on appeal.
- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower radiculopathies have been found to prevent him from securing and following substantially gainful employment for the duration of the period on appeal, leading to a TDIU. An effective date of May 18, 2007, is granted for DEA benefits based on permanent total disability due to service-connected disabilities. The Veteran's SMC at the (o) rate is granted as he requires aid and attendance due to his service-connected disabilities.
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