The Board has granted a 40 percent rating for the Veteran's service-connected degenerative disc disease L4-L5 with chronic low back pain, effective as of the date of decision. The claim for service connection for a cervical spine disorder is also granted and a separate compensable rating is assigned for neurologic impairment of the right lower extremity associated with this condition. A TDIU claim is also granted.
The deciding factor: The Veteran's low back disorder more nearly approximates flexion of the thoracolumbar spine 30 degrees or less, warranting a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The cervical spine disorder is productive of neurologic impairment of the right lower extremity that results in disability analogous to moderate incomplete paralysis of the sciatic nerve, entitling her to a separate compensable rating.
- Claimed conditions
- Degenerative disc disease L4-L5, Cervical spine disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 15, 2013
- Citation
- 1337287
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 1337287.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a cervical spine disorder, finding that there was no evidence of a causal relationship between his current condition and his military service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for a cervical spine disorder and psychiatric disorder due to incomplete information. The Veteran needs to provide his complete service personnel records, verify his alleged combat experience in Vietnam, and undergo VA examinations for both conditions.
- Remanded (sent back)
The Board has determined that the initial ratings assigned for psoriatic arthritis of the upper and lower extremities, as well as service connection for a cervical spine disorder, need to be remanded due to incomplete evidence. The Veteran's periods of active duty for training (ADT) and inactive duty for training (IDT) must be confirmed, and all relevant medical records should be obtained.
- Granted
The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance, warranting an effective date of January 8, 2014 for SMC based on the need for aid and attendance.
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