The Veteran's cervical spine disorder is not found to be caused or permanently worsened by his service-connected low back disability. His low back disability, characterized by pain and limited motion but no ankylosis of the spine or incapacitating episodes, does not warrant a rating higher than 40 percent. The Veteran is competent for direct receipt of VA funds.
The deciding factor: The VA examiner found that the cervical spine disorder was not caused or permanently worsened by his service-connected low back disability and did not find evidence of ankylosis or incapacitating episodes, thus denying a higher rating than 40 percent.
- Claimed conditions
- Cervical Spine Disorder, Low Back Disability (Lumbar Spinal Herniated Nucleus Pulposus)
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 5, 2013
- Citation
- 1324795
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 1324795.
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.
- Dismissed
The appeal for service connection for an acquired psychiatric disorder is dismissed as the Veteran was granted service connection effective from the date of his claim.,Service connection for bilateral tinnitus is denied.
- Granted
The Veteran's service-connected disabilities, including PTSD, left shoulder disorders, right shoulder disorder, cervical spine disorder, left ankle disorder, allergic rhinitis, and bilateral knee disorders, prevented him from securing or following substantially gainful employment consistent with his education and work history. The Board granted the TDIU claim based on these conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in his VA examinations. The claims include tension headaches, a psychiatric disability (diagnosed as generalized anxiety disorder), a cervical spine disorder, hand tremors, a lumbosacral spine disorder, a gastrointestinal disorder, and residuals of a hydrocele.
- Dismissed
The appeal for PTSD is dismissed. The cervical spine and left middle finger disorders are remanded.
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