The Veteran's claims for increased ratings were denied. The cervical spine was rated as 10 percent prior to April 22, 2009 and as 20 percent thereafter. The lumbar spine was rated as 10 percent prior to April 22, 2009 and as 40 percent from April 22, 2009 to September 23, 2010.
The deciding factor: The Veteran's degenerative arthrosis of the cervical spine did not meet criteria for higher ratings. The lumbar spine met criteria for a 40% rating from April 22, 2009 to September 23, 2010 but not beyond.
- Claimed conditions
- Degenerative arthrosis of the cervical spine, Degenerative arthrosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2013
- Citation
- 1315416
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 1315416.
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 remanded the Veteran's claims for a rating in excess of 10 percent for her service-connected lumbar spine disability and for TDIU due to additional development being required. The issues will be readjudicated after any new evidence is considered.
- Granted
The Veteran's GERD is granted service connection. The claim for higher rating of degenerative arthrosis of the lumbar spine prior to August 7, 2013 is denied. Claims for higher initial ratings for radiculopathy of the left and right lower extremities are granted.
- Denied
The Veteran's claim for a separate disability rating for radiculopathy of the left lower extremity prior to September 23, 2010 was denied as there is no evidence of neurological impairment sufficient to warrant such a rating.,The Veteran's claim for an initial disability rating in excess of 20 percent for radiculopathy of the left lower extremity from September 23, 2010 was also denied due to lack of evidence indicating at least severe incomplete paralysis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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