The Veteran was granted an initial rating of 40 percent for degenerative disc disease of the lumbar spine, effective October 5, 2006. The claim for a higher rating prior to that date was denied.
The deciding factor: The limited motion and guarding observed in the July 2005 examination supported an initial rating of 40 percent from October 5, 2006, but there was no evidence of incapacitating episodes or significant neurologic impairment before that date.
- Claimed conditions
- degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 13, 2009
- Citation
- 0909565
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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
- Partly granted
The Board granted service connection for tinea capitis, hypertension, and degenerative disc disease of the lumbar spine but denied service connection for sinusitis and urinary tract infections. The claims for PTSD, hearing loss, chest pain, right hip condition, left hip condition, and right knee condition were remanded.
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