The Board has granted a 40 percent evaluation for the service-connected degenerative disc disease of the lumbar spine, effective from the date of the decision. The cervical spine disability is not rated higher due to lack of evidence showing more than the current level of disability.
The deciding factor: The VA examiner's assessment supported the grant of a 40 percent evaluation for the service-connected DDD of the lumbar spine based on forward flexion restricted to less than 30 degrees, which is indicative of unfavorable ankylosis. The cervical spine disability was not rated higher as there was no evidence showing more than the current level of disability.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbar spine, Degenerative changes of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 23, 2009
- Citation
- 0948259
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 0948259.
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 Veteran's claims for earlier effective dates for service connection for bilateral lower extremity radiculopathy were denied. The Board found that no claim was received prior to July 15, 2021 and thus the proper effective date is July 15, 2021.,The Veteran also sought an earlier effective date for his left lower extremity radiculopathy, which was similarly denied.
- Remanded (sent back)
The Veteran's claim for an increased rating for his service-connected degenerative disc disease of the lumbar spine is remanded due to concerns about the adequacy of a previous examination report, which did not include measurements using a goniometer.
- Remanded (sent back)
The Board has decided to remand the case due to a procedural error in failing to provide the Veteran with notice of a scheduled hearing. The Veteran must be provided with a hearing before the matter can be reconsidered.
- Remanded (sent back)
The Board has determined that the issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) was not before it in its August 2024 decision. The case is now remanded for further adjudication.
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