The Veteran's cervical spine and lumbar spine disabilities are currently rated at 20 percent, but the VA determined that these ratings do not meet the criteria for a higher rating based on current evidence of record.
The deciding factor: The VA found that the Veteran's cervical fusion residuals C5-6 and C6-7 with degenerative disc disease does not meet the criteria for an increased rating as it did not result in forward flexion of the cervical spine less than 15 degrees or favorable ankylosis. The same was true for his service-connected degenerative disc disease L5-S1, which did not result in forward flexion of the thoracolumbar spine to 30 degrees or less.
- Claimed conditions
- Cervical Fusion Residuals C5-6 and C6-7 with Degenerative Disc Disease, Degenerative Disc Disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 3, 2009
- Citation
- 0928896
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 0928896.
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.
- Granted
The Veteran's service-connected disabilities, including PTSD, degenerative disc disease L5-S1, left and right lower extremity radiculopathy, tinnitus, and GERD, have rendered her unable to secure or maintain substantially gainful employment since August 12, 2019. As of February 2, 2022, she met the schedular criteria for TDIU.
- Partly granted
The Veteran's bilateral knee disabilities and degenerative disc disease L5-S1 are rated as noncompensably disabling. The right and left knee disabilities each receive a 10 percent rating for limitation of extension, while the L5-S1 disability receives a 20 percent rating prior to September 24, 2018, and a 40 percent rating thereafter. The Veteran's appeal is remanded for further examination regarding his back disability.
- Granted
The Veteran's claims for service connection and increased ratings have been granted. The back disability is now considered to be incurred in service, while the bilateral foot and knee disabilities are secondary to his service-connected knee disabilities.
- Remanded (sent back)
The Board has dismissed the Veteran's claim for a left leg disability other than radiculopathy. The previously denied claims of service connection for degenerative disc disease L5-S1 and bilateral leg numbness have been reopened, but the case is remanded to obtain additional medical opinions regarding these issues. The Veteran's right knee condition remains under review.
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