The veteran's lumbar spine disability is rated at 20 percent prior to September 23, 2002 and at 40 percent beginning from that date. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.,The veteran's lumbar spine disability is currently rated at 40 percent, effective September 23, 2002. The right and left lumbar radiculopathy are each rated at 10 percent. The cervical and thoracic spine disability have not been rated higher than 10 percent.
The deciding factor: The evidence does not meet the criteria for a rating in excess of 20 percent for the veteran's lumbar spine disability prior to September 23, 2002. The evidence also does not meet the criteria for a rating in excess of 40 percent beginning from that date.,The evidence does not meet the criteria for a separate rating in excess of 10 percent for right or left lumbar radiculopathy. The veteran's cervical and thoracic spine disability have not been rated higher than 10 percent.
- Claimed conditions
- lumbar spine disability (degenerative disc disease), cervical and thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 20, 2005
- Citation
- 0525716
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 0525716.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for sleep apnea, cervical and thoracic spine disability, left upper extremity radiculopathy, lumbar spine condition, erectile dysfunction, and special monthly compensation based on loss of use to allow the AOJ to correct duty-to-assist errors.
- Denied
The Board denied compensation under 38 U.S.C. § 1151 for right femoral osteomyelitis, a right hip disability, a right knee disability, and a lumbar spine disability as the Veteran's additional disabilities were not due to carelessness, negligence, lack of proper skill, error in judgment, or some other instance of fault on the part of VA, or because of an event that was not reasonably foreseeable.
- Denied
The Board denied service connection for the veteran's left knee, lumbar spine, and bilateral hip degenerative diseases as there was no evidence to support a causal relationship between these conditions and his military service.
- Granted
The Veteran's metatarsalgia of the left foot, hammertoes of both feet, and lumbar spine disability are granted as service-connected. Her bilateral hip disability is also granted as secondary to her lumbar spine disability.
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