The Veteran's claims for higher initial ratings for degenerative changes of the cervical and lumbar spine disabilities were denied as there is no evidence showing that forward flexion of either spine is limited to 15 degrees or less, nor does the evidence indicate ankylosis. The disability has been rated based on limitation of motion.
The deciding factor: The Veteran's range of motion for both cervical and lumbar spine disabilities did not meet the criteria for a higher rating as defined by VA regulations.
- Claimed conditions
- Degenerative Changes of the Cervical Spine, Degenerative Changes 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
- 0942693
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 0942693.
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 asthma, migraines, PTSD, and TBI-related conditions, have rendered him unable to secure or maintain substantially gainful employment for the appeal period from May 14, 2018, to September 7, 2021, and from September 18, 2021, to September 7, 2022. Effective September 7, 2021, he is in receipt of a 100% combined schedular disability rating.
- Granted
The Board has granted earlier effective dates for the Veteran's MDD and lumbar spine disability ratings, as well as his TDIU eligibility. The Veteran's claims are now effective as of March 15, 2012.
- Granted
The Veteran's MDD is rated at 70 percent, effective December 22, 2011. A TDIU based solely on the service-connected lumbar spine and associated radiculopathy of the lower extremities is granted since January 15, 2010. Effective December 22, 2011, SMC at the 38 U.S.C. § 1114(s) rate is granted.
- Granted
The Veteran's service connection claims for degenerative changes of the lumbar spine, right and left lower extremity radiculopathy are granted. The rating assigned is 10%.
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