The veteran's lumbosacral spine disability was rated at 40 percent since August 1, 2002. The cervical fusion of the C5-6 and C6-7 spine was increased to 40 percent effective July 27, 2000, with a temporary total rating from January 19, 2005, to March 31, 2005.
The deciding factor: The veteran's cervical fusion of the C5-6 and C6-7 spine resulted in severe symptoms of intervertebral disc syndrome with recurring attacks prior to June 7, 2004. Since then, he has experienced persistent symptoms compatible with neuropathy with characteristic pain and demonstrable muscle spasm.
- Claimed conditions
- lumbosacral spine disability, cervical fusion of the C5-6 and C6-7
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 23, 2007
- Citation
- 0715359
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 0715359.
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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.