The Veteran's lumbar spine disability is currently rated at 20 percent, but no higher. The cervical spine disability was increased to 20 percent effective October 31, 2008.,Service connection for right and left shoulder disabilities has not been established.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating as there are no incapacitating episodes necessitating bed rest prescribed by a physician or any secondary neurological manifestations warranting a separate compensable rating. The cervical spine disability from October 31, 2008, meets the criteria for a 20 percent rating due to forward flexion of the cervical spine not exceeding 15 degrees and favorable ankylosis.
- Claimed conditions
- lumbar strain/sprain (lumbar spine disability), cervical myofascial pain syndrome (cervical spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 3, 2009
- Citation
- 0933215
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 0933215.
What this means for you
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- Granted
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