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
Veterans Law Judge
Decisions by this judge: 2,592 · Granted: 19% (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 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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
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