The Board denied increased ratings for lumbosacral strain and degenerative disc disease of the cervical spine, as well as an earlier effective date for the 40 percent evaluation for lumbosacral strain.
The deciding factor: The evidence did not show unfavorable or unfavorable ankylosis of the spine, nor did it support a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's lumbar and cervical spine disabilities do not warrant referral to the Under Secretary for Benefits or the Director of the Compensation and Pension Service for consideration of the assignment of an extraschedular rating.
- Claimed conditions
- Lumbosacral strain, Degenerative disc disease of the cervical spine, C2-C6
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905525
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0905525.
What this means for you
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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 remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Board has decided to remand the case due to a deficiency in the April 2024 VA medical examination, specifically regarding passive range of motion testing for pain.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
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