The Board has determined that the reduction in the evaluation for DDD of the lumbar spine from 20% to 10% was improper due to equipoise evidence. The claim for service connection for arthritis of the cervical spine and schizophrenia is reopened, but the claim for a neck disability remains pending.
The deciding factor: The Board found that there was at least equipoise evidence regarding improvement in the Veteran's lumbar spine condition, thus preventing reduction from 20% to 10%. The claims for service connection for arthritis of the cervical spine and schizophrenia are reopened as new and material evidence has been received. The claim for a neck disability remains pending.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Arthritis of the Cervical Spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 12, 2014
- Citation
- 1406298
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 1406298.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
- Granted
The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.