The Veteran's claims for increased ratings for his service-connected lumbar strain and cervical spine fracture with chronic cervical strain were denied. The RO assigned initial disability ratings of 20 percent for each condition, effective April 2, 1998.
The deciding factor: The VA examinations and medical records did not provide evidence that the Veteran's conditions warranted a higher rating based on the criteria set forth in Diagnostic Codes 5290-5293 and 5295.
- Claimed conditions
- chronic lumbar strain with degenerative disc disease, status post cervical spine fracture with chronic cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 29, 2009
- Citation
- 0920175
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 0920175.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
- Granted
The Board granted an initial 40 percent rating for chronic lumbar strain with degenerative disc disease throughout the period on appeal.
- Granted
The Veteran's service-connected disabilities, including unspecified depressive disorder, atypical headaches with features of migraines, chronic lumbar strain with degenerative disc disease, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a higher evaluation for his service-connected low back disorder and left lower extremity radiculopathy due to inadequate examinations. The Veteran needs new VA examinations to assess the severity of these conditions.
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