The Veteran's service-connected degenerative disc and joint disease of the lumbar spine has been rated at 10 percent since separation from service. The cervical spine disability was initially rated as noncompensable, but was increased to 10 percent effective March 24, 2006.
The deciding factor: The VA examinations have consistently shown that the Veteran's lumbar and cervical spine disabilities do not meet or approximate the criteria for a higher rating under any applicable diagnostic code. The disability has been rated as 'direct' (not based on a presumption of service connection), with no evidence of exposure to specific environmental factors.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Degenerative disc and joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 2, 2010
- Citation
- 1007835
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 1007835.
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 has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Denied
The Veteran's claim for VR&E benefits was denied because she did not have an employment handicap and was able to obtain suitable employment consistent with her abilities, aptitudes, and interests.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
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