The veteran's claim for a higher rating for his service-connected lumbar paravertebral fibromyositis, spina bifida, spondylosis, S1 was denied. However, he received effective dates of June 1, 2005, and April 1, 2006, for additional compensation benefits for his child and spouse, respectively.,The veteran's service-connected lumbar paravertebral fibromyositis, spina bifida, spondylosis, S1 has been rated at 40 percent since July 2002.
The deciding factor: The veteran's disability rating was not increased due to the lack of evidence showing a worsening or increase in severity that would warrant a higher rating.
- Claimed conditions
- lumbar paravertebral fibromyositis, spina bifida, spondylosis, S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 24, 2008
- Citation
- 0836640
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 0836640.
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.
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The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Denied
The claim for benefits under 38 U.S.C. § 1805 for a child born with spina bifida is denied because no new and relevant evidence has been submitted to support the claim.
- Granted
The Board has granted service connection for the Veteran's lumbar spine discogenic disease status post surgery, spondylosis, and facet arthropathy as secondary to his service-connected right ankle disability. The SMC claim is remanded due to a duty-to-assist error.
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