The Veteran's claims for increased ratings and reopening of a claim were denied. The Board found that the Veteran did not meet the schedular requirements for an increased rating for his cervical spine disability prior to August 16, 2007 or after that date. For his lumbosacral spine disability, he was granted a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim. The Veteran's TDIU claim was also denied.
The deciding factor: The Veteran's cervical spine disability did not meet or approximate the criteria for a rating in excess of 10% prior to August 16, 2007 and after that date. For his lumbosacral spine disability, he met the schedular requirements for a 10% rating. His claim of service connection for stinging, burning, and ringing of the ears (undiagnosed illness) was denied as new evidence did not warrant reopening the claim.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 5, 2009
- Citation
- 0942343
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 0942343.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
- Denied
The Board denied the Veteran's claim for service connection of degenerative disc disease of the cervical spine, finding that the evidence did not support a link between the condition and service.
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