The Board denied the claims for service connection for degenerative disc disease of the cervical spine and DDD and arthritis of the lumbar spine, as no disability was shown in service or for many years thereafter, and there is no evidence to support that these disabilities are related to service.
The deciding factor: The decision was based on a lack of evidence showing any injury during service and the absence of cervical or lumbar spine pathology until many years after discharge. The medical opinion also concluded that the current conditions were not caused by or a result of the Veteran's military service.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, DDD and arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907549
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (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 0907549.
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 Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied a rating in excess of 20 percent for degenerative disc disease (DDD) of the cervical spine and a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to June 3, 2022.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an increased rating and TDIU due to inadequate examination reports in the previous decisions. The Veteran needs a new VA examination to assess his cervical spine disability, including range of motion during flare-ups and repeated use.
- Remanded (sent back)
The Board remands the issues of entitlement to an initial evaluation in excess of 10 percent prior to December 26, 2007, and in excess of 20 percent thereafter for degenerative disc disease (DDD) of the cervical spine due to inadequate explanation of denial of higher evaluations.
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