The Board has determined that the veteran's service-connected DJD and DDD of the lumbar spine warrant a rating in excess of 40 percent, and he is entitled to SMC based on need for regular aid and attendance.
The deciding factor: The medical evidence demonstrates that the veteran's service-connected low back disability results in pronounced intervertebral disc syndrome (IDS), which warrants an increased rating beyond the current 40 percent assigned under Diagnostic Codes 5293 and 5295. Additionally, his need for regular aid and attendance has been established.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 13, 2008
- Citation
- 0827366
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 0827366.
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 determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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