The Veteran's service-connected lumbar spine sprain and arthritis of the cervical spine are currently rated at 40 percent each, but no higher. The Board finds that there is not sufficient evidence to warrant a higher rating for either condition.
The deciding factor: The Veteran’s lumbar spine sprain and arthritis of the cervical spine do not meet or approximate criteria for a higher evaluation based on incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine. The VA examinations did not show any evidence of unfavorable ankylosis, chronic orthopedic and neurologic manifestations, or incapacitating episodes.
- Claimed conditions
- Lumbar Spine Sprain, Arthritis of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 13, 2011
- Citation
- 1138188
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 1138188.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found that remand is required for the Veteran's PTSD and lumbar spine sprain claims due to lack of recent VA treatment records and inadequate examinations. The Veteran will need to provide authorization for private medical records, and he will be scheduled for new VA examinations.
- Denied
The Veteran's COPD is currently rated as 10 percent disabling, but the evidence does not meet the criteria for a higher rating.,The Board found that the Veteran's service-connected disabilities do not render him unable to obtain or maintain substantially gainful employment.
- Granted
The Veteran's service-connected DDD of the lumbar spine is found to have caused his ED, arthritis of the cervical spine, and right upper extremity nerve conditions. The effective date for these grants of service connection is December 19, 2018.
- Denied
The Board denied the claim for service connection for cause of death, finding that neither a respiratory nor cardiovascular disease was incurred in or aggravated by service or causally related to service-connected disorders. The Veteran's PTSD did not substantially or materially contribute to his death.
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