The Veteran's initial rating for thoracolumbar spine degenerative joint disease and cervical spine strain has been granted at a 40 percent evaluation since October 14, 2010. The appeal is not about service connection but rather the assignment of an initial rating.
The deciding factor: The Veteran's DJD and cervical spine strain have been rated under the General Rating Formula for Diseases and Injuries of the Spine (DCs 5235-5243) due to their underlying source being vertebral fractures at T8 level and unspecified spinal strains, respectively.
- Claimed conditions
- Thoracolumbar spine degenerative joint disease, Cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 7, 2014
- Citation
- 1444589
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 1444589.
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.
- Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim of service connection for a neck disorder, as it is insufficiently addressed in the previous decision. The case will be sent back for an addendum opinion.
- Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Granted
The Board has granted a 20 percent rating for the Veteran's cervical spine strain from October 24, 2011. The effective date is set at that time.
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