The Veteran's degenerative disc disease of the lumbar spine was granted a 40 percent evaluation for the period from December 1, 1998 until June 1, 2007 and denied an increased rating thereafter. A separate 10 percent evaluation was granted for right lower extremity radiculopathy.
The deciding factor: The severity of the Veteran's lumbar spine condition warranted a 40 percent evaluation under the applicable criteria, but there was no evidence to support a higher or additional ratings based on the other claims.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Gunshot wound of the left arm and forearm, Gunshot wound of the abdomen, Allergy disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905779
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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