The Board has granted an effective date of December 10, 2002 for the grant of a 40 percent disability rating. The claims have been remanded multiple times due to procedural issues and the Veteran's request for a hearing. The current issue is whether the Veteran is entitled to higher ratings based on his service-connected lumbar spine degenerative disc disease with degenerative joint disease.
The deciding factor: The Veteran's back disability has not met the criteria for higher ratings under any applicable diagnostic codes at any time during the appeal period.
- Claimed conditions
- lumbar spine degenerative disc disease with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 23, 2014
- Citation
- 1433025
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 1433025.
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 Veteran's claim for increased ratings and earlier effective dates was denied.,An increased rating of 60 percent, but no higher, for right lower extremity radiculopathy involving the sciatic nerve is granted.
- Remanded (sent back)
The Board has remanded the claim for service connection of radiculopathy of the left lower extremity due to insufficient evidence. The ratings for lumbar spine degenerative disc disease, right shoulder disability, and left knee disability remain denied as they do not meet the criteria for increased ratings.
- Remanded (sent back)
The Board has remanded the claims for service connection for dizziness and headaches due to potential issues with evidence or development.
- Denied
The Board has determined that the Veteran's lumbar spine disability does not meet or more nearly approximate the criteria for a rating in excess of 10 percent. The cervical strain claim is also denied.
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