The Veteran's cervical spine disability is rated at 40 percent, effective from June 10, 2008. The lumbar spine disability has been rated as 40 percent since that date. The ulnar radiculopathy of the left upper extremity and right lower extremity disabilities are each rated at 10 percent. Bilateral hearing loss is not service-connected.
The deciding factor: The Veteran's cervical and lumbar spine disabilities meet the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine, effective from June 10, 2008. The ulnar radiculopathy of the left upper extremity and right lower extremity each meet the criteria for a 10 percent rating.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 30, 2010
- Citation
- 1015916
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 1015916.
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 Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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