The veteran's lumbar laminectomy at L1-L2, L2-L3, L4-L5 level; degenerative joint disease; low back strain is rated as 40 percent disabling from July 1, 2002. The other conditions are not entitled to increased ratings.
The deciding factor: The veteran's lumbar laminectomy at L1-L2, L2-L3, L4-L5 level; degenerative joint disease; low back strain meets the criteria for a 40 percent rating under the revised spine disability evaluation criteria effective September 26, 2003.
- Claimed conditions
- Arterial Hypertension, Conjunctivitis with bilateral pterygia and nasal pinguecula, Allergic Rhinitis, Lumbar Laminectomy at L1-L2, L2-L3, L4-L5 level; Degenerative Joint Disease; Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2008
- Citation
- 0843193
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 0843193.
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 allergic rhinitis is currently rated as 10 percent disabling prior to September 16, 2024 and noncompensable thereafter. The Board found the evidence against finding that his condition met the criteria for a higher rating.
- Denied
The Veteran's initial claim for an increased rating for allergic rhinitis was denied as his symptoms did not meet the criteria for a compensable rating under Diagnostic Code 6522.
- Remanded (sent back)
The Board has determined that the VA medical exams provided are inadequate for rating purposes and remands the case to obtain an adequate examination and opinion regarding the Veteran's service-connected allergic rhinitis. The Veteran is entitled to a higher disability rating for his service-connected allergic rhinitis.
- Denied
The Veteran's allergic rhinitis has not been manifested by greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, and no nasal polyps have been found. Therefore, an initial compensable rating for allergic rhinitis is denied.
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