The veteran's claims for increased evaluations of his service-connected cervical spine condition and low back strain were denied by the RO, as both conditions are currently rated at their maximum allowable under current VA rating criteria.
The deciding factor: The veteran's cervical spine disability with radiculopathy is currently evaluated at 40 percent based on its impact on function. The low back strain has been evaluated at 20 percent, which reflects the severity of his condition as per the revised Diagnostic Codes effective September 26, 2003.
- Claimed conditions
- Cervical Spine Condition with Radiculopathy, Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 22, 2007
- Citation
- 0733102
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 0733102.
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.
- Granted
The Board has granted a rating of 40 percent for the Veteran's service-connected low back strain with degenerative arthritis, effective from September 26, 2008. The decision is based on functional limitation equivalent to forward flexion limited to 30 degrees or less due to pain and other symptoms.
- Dismissed
The Veteran's low back strain is rated at 40 percent, and the issues of IBS and CFS are dismissed. The Veteran's PTSD and depressive disorder with a major depressive episode do not meet criteria for a higher rating. Service connection is granted for cervical strain and right knee pain.
- Denied
The Veteran's low back strain disability was denied a higher rating prior to July 20, 2020. Separate ratings of 10 percent were granted for radiculopathy affecting the sciatic and femoral nerves in the lower extremities from July 20, 2020.
- Remanded (sent back)
The Board remands the claims for service connection for various conditions, including erectile dysfunction, PTSD, depression, frequent urination, intermetatarsal neuroma right foot, left knee condition, right knee condition, low back strain, shoulder strain, and tinnitus, due to a failure to provide necessary examinations.
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