The Veteran's claim for a higher disability rating for his postoperative laminectomy and fusion of the lumbosacral spine is granted, with a current 40% disability rating. The claims for special monthly compensation based on need for regular aid and attendance or by reason of being permanently housebound are denied, as well as the claim for service connection for a bladder disability secondary to his lumbar spine disability.
The deciding factor: The VA examiner found that the Veteran's range of motion had decreased significantly from prior levels, but did not meet the criteria for an increased rating due to incapacitating episodes or substantial confinement. The Veteran was determined to require aid and attendance based on his cervical spine surgery rather than his lumbar spine condition.
- Claimed conditions
- postoperative laminectomy and fusion of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 7, 2012
- Citation
- 1230757
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 1230757.
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
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