The veteran is entitled to a total disability rating based upon individual unemployability due to his service-connected degenerative joint disease of the lumbosacral spine, and the claim for service connection for a neck condition was denied.
The deciding factor: The evidence shows that the veteran's low back condition prevents him from securing or following substantially gainful employment, while the neck condition is not related to service or his service-connected disability.
- Claimed conditions
- Degenerative joint disease of the lumbosacral spine, Neck condition (degenerative joint disease at C3-4 and C4-5)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- May 6, 2008
- Citation
- 0814945
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 50 percent rating for the Veteran's degenerative joint disease of the lumbosacral spine, effective February 2, 2020.
- Partly granted
The Board granted a 40 percent rating for degenerative joint disease of the lumbosacral spine and a separate 10 percent rating from March 21, 2016 to October 20, 2024 for right lower extremity radiculopathy associated with the service-connected lumbosacral spine condition. The claim for an increased rating for the right shoulder acromioclavicular separation was denied.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings and effective dates, as well as a TDIU claim, due to additional evidence received after the last SOC and the need for an updated examination.
- Dismissed
The Board has dismissed the appeal as the appellant's representative requested withdrawal of the appeal due to the AOJ granting a TDIU.
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