The Veteran's claim for service connection for degenerative disc disease of the thoracic spine was denied.,The Veteran's claim for service connection for a cerebrovascular accident, to include as secondary to service-connected cervical myositis, was also denied.,The Veteran's claim for service connection for right hemiparesis and depressive disorder were not addressed in this decision due to the remand status of these claims.,The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 30 percent for degenerative disc disease of the cervical spine was denied.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the right upper extremity was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the left upper extremity was denied.,The Veteran's claim for a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities was not addressed in this decision.
The deciding factor: Degenerative disc disease of the thoracic spine was not related to active duty and there is no evidence linking it to any other service-related factors.,A cerebrovascular accident was not related to active duty or secondary to a service-connected condition, cervical myositis.,The Veteran's claims for right hemiparesis and depressive disorder were remanded for further development and are not addressed in this decision.,Degenerative disc disease of the lumbar spine is manifested by subjective complaints and objective evidence supporting a 40% rating effective March 12, 2009.,Degenerative disc disease of the cervical spine does not meet the criteria for an evaluation greater than 30%.,Radiculopathy of the right upper extremity meets the criteria for a 40% rating effective March 12, 2009.,There is no evidence supporting a higher rating for radiculopathy of the left upper extremity.,The Veteran's claim for TDIU was not addressed in this decision.
- Claimed conditions
- Degenerative disc disease of the thoracic spine, Residuals of a cerebrovascular accident (CVA), Right hemiparesis, Depressive disorder, Degenerative disc disease of the lumbar spine, Degenerative disc disease of the cervical spine, Radiculopathy of the right upper extremity, Radiculopathy of the left upper extremity, Left sciatic radiculopathy
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909278
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 Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Veteran's depressive disorder was granted a 70 percent disability rating from April 27, 2020 to August 15, 2022, and a TDIU was also granted.
- Granted
The Board granted an effective date of July 14, 2020, for the grant of service connection for IVDS with spinal fusion and lumbar disc disease with stenosis, as well as associated radiculopathy of the sciatic and femoral nerves of the left and right lower extremities, and depressive disorder.
- Partly granted
The Board granted an effective date of March 27, 2020, for the grant of service connection for IVDS with spondylosis and denied earlier effective dates for left and right sciatic radiculopathy. The Board also denied increased ratings for IVDS with spondylosis and sciatic radiculopathies and granted a TDIU from June 1, 2020.
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