The Board denied an evaluation in excess of 40 percent for the veteran's lumbar spine disability but granted a 40 percent rating from September 26, 2003.
The deciding factor: The evidence did not support a higher evaluation due to the lack of severe limitation of motion or other criteria warranting a higher rating under the applicable diagnostic codes.
- Claimed conditions
- lumbar spine strain (back pain), cervical spine myelopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 23, 2009
- Citation
- 0906548
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 0906548.
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.
- Remanded (sent back)
The Veteran's cervical spine disability is being remanded for further development to determine its nature and etiology, including consideration of in-service events and symptoms.
- Remanded (sent back)
The Board has remanded the Veteran's claim for an additional VA medical opinion to address the nature and etiology of her cervical spine disability, including whether it is related to service or due to her service-connected lumbar spine disability.
- Granted
The Board has determined that the Veteran's cervical spine myelopathy qualifies for compensation under 38 U.S.C.A. § 1151 due to a delay in care caused by VA's decision to have the Veteran first discover what type of metallic hardware was installed in his neck before scheduling an MRI, which likely resulted in additional disability.
- Remanded (sent back)
The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disability resulting from VA cervical spine surgery performed in February 2003. The Board has determined that a new VA medical opinion is needed to assess whether the Veteran's right-sided hemiparesis, myoclonus and electrical shock sensations resulted from VA fault or an unforeseeable event.
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