The Veteran's service-connected disabilities, including osteoarthritis of the thoracolumbar spine, cervical spine, left arm radiculopathy, and fracture of the left fibula, have resulted in a combined rating of 70 percent. The Board finds that these conditions preclude the Veteran from securing or following substantially gainful employment beginning on September 8, 2008.
The deciding factor: The service-connected disabilities cause significant functional limitations, including severe impairment in daily activities and antalgic gait, which prevent the Veteran from engaging in substantial gainful employment.
- Claimed conditions
- Osteoarthritis of the thoracolumbar spine, Osteoarthritis of the cervical spine, Left arm radiculopathy, Fracture of the left fibula
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 4, 2009
- Citation
- 0946179
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 0946179.
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.
- Granted
The Board granted service connection for a low back disability and several related conditions, including radiculopathy of the lower extremities, neck disability, arm radiculopathy, headaches, left foot pes planus and plantar fasciitis, irritable bowel syndrome (IBS), and obstructive sleep apnea. The claim for higher ratings for depressive disorder and ankle strains was denied.
- Remanded (sent back)
The Board remands the claims for service connection for a low back disability, neck disability, left leg radiculopathy, left arm radiculopathy, and right arm radiculopathy to correct a duty to assist error.
- Remanded (sent back)
The Veteran's cervical spine and bilateral arm radiculopathy disabilities are remanded for further examination to determine if they are secondary to his service-connected lumbar spine disability. The Veteran's sleep apnea is also remanded for a determination on whether it is secondary to his service-connected psychiatric disabilities.
- Denied
The Board denied the Veteran's claims of service connection for cervical spine, left arm radiculopathy, and low back disabilities. The evidence did not support a finding that these conditions were related to service.
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