The veteran's service-connected cervical spine intervertebral disc syndrome and degenerative disc disease, lumbar spine with intervertebral disc syndrome were granted increased ratings. The effective date for the 40 percent rating for right sciatic nerve paralysis was set at March 12, 2007.
The deciding factor: The veteran's service-connected conditions met the criteria for a higher disability rating based on their severity and impact on daily life.
- Claimed conditions
- Cervical spine intervertebral disc syndrome, Degenerative disc disease, lumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 17, 2008
- Citation
- 0839369
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 0839369.
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.
- Denied
The Veteran's appeals for service connection and increased rating for degenerative disc disease, lumbar spine with intervertebral disc syndrome were denied due to untimely filing of the appeal.
- Denied
The Veteran's claim for a TDIU prior to February 3, 2020 was denied as he has not provided the necessary information and there is no indication in the record that he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities. The claim for a TDIU since February 3, 2020, was dismissed as moot because he had a combined schedular rating of 100%.
- Denied
The Board has determined that the Veteran's cervical spine disability was not incurred in or aggravated by service and is not secondary to his service-connected lumbosacral strain. As such, service connection for this condition cannot be established.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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