The Board found that the veteran's degenerative joint disease of the lumbar and cervical spine was not incurred in or aggravated by service, may not be presumed to have been incurred in service, and was not proximately due to or the result of a service-connected disability.
The deciding factor: The objective and competent medical evidence did not support a finding that any currently diagnosed degenerative joint disease of the lumbar and cervical spine was present during service, manifest within a year after separation from service, or attributable to any event or injury during service. The veteran's current condition was also not found to be caused or aggravated by his service-connected gouty arthritis.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Degenerative Joint Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 29, 2005
- Citation
- 0523703
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 0523703.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's degenerative joint disease of the cervical spine was found to not meet the criteria for a higher disability rating, as it did not result in forward flexion of 15 degrees or less and there was no evidence of favorable ankylosis of the entire cervical spine.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
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