The Veteran's claims for a higher rating for cervical spine disability and service connection for low back disorder were denied. The Board found that the evidence did not support an increased rating for the cervical spine disability, but granted separate ratings for mild incomplete paralysis of the radial nerve in both upper extremities.
The deciding factor: The evidence did not show incapacitating episodes or ankylosis of the cervical spine, and the Veteran's symptoms were considered to be mild. Service connection was denied as there was no chronic low back disorder noted during service and no continuity of symptomatology post-service.
- Claimed conditions
- degenerative disc disease of the cervical spine, low back disorder (claimed as 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
- November 9, 2009
- Citation
- 0942611
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 0942611.
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.
- Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Remanded (sent back)
The Veteran's claims for increased ratings for right foot plantar fasciitis, cervical spine degenerative disc disease, and left ankle fracture residuals are being remanded due to the need to obtain Social Security Administration (SSA) records.
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