The Veteran's claims for higher initial ratings for DDD of the cervical and lumbar spine were denied as his conditions did not meet the criteria for a rating in excess of 20 percent under the effective September 23, 2002 or September 26, 2003 rating criteria.
The deciding factor: The Veteran's DDD of the cervical and lumbar spine did not result in incapacitating episodes requiring bed rest prescribed by a physician, nor did it show unfavorable ankylosis of the entire spine. The VA examinations indicated that his symptoms were primarily related to pain and stiffness without significant neurological involvement.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 30, 2010
- Citation
- 1032648
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 1032648.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
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