The Board has reopened the Veteran's claim of service connection for discogenic disease, L5-S1 and granted service connection. The Veteran's cervical spine disability is not service connected. Service connection was also granted for lumbosacral strain with degenerative changes, intervertebral disc syndrome (IVDS) L3-4 and erectile dysfunction. Increased ratings were assigned for bladder dysfunction and impairment of sphincter control. Effective dates prior to November 22, 2010 were established for TDIU and DEA benefits.
The deciding factor: The new evidence submitted since the last final denial was found to be material as it showed a progression of the Veteran's service-connected lumbar disability over time, including degeneration from L1-S1 on the left and L4-S1 on the right. The cervical spine disability is not service connected.
- Claimed conditions
- discogenic disease, L5-S1, degenerative disc disease (DDD) of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2016
- Citation
- 1618638
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 1618638.
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.
- Dismissed
The veteran's appeal was denied as the Board Appeal request was not timely filed within one year of the rating decisions issued on August 17, 2022, November 16, 2022, July 7, 2023, November 3, 2023, December 12, 2023, and March 14, 2024.
- Remanded (sent back)
The Board remanded the claim for service connection of a cervical spine disability. The Veteran's service treatment records are silent as to neck pain, and the Board found the medical opinions inadequate.
- Granted
The Board has granted the veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance due to his service-connected disabilities. However, SMC by reason of being housebound is denied as he does not meet the criteria.
- Remanded (sent back)
The Veteran's service-connected disabilities, including degenerative disc disease of the cervical spine and bilateral hearing loss, are rated at least 70 percent combined. The Board has granted a schedular TDIU rating from August 20, 2013, but the issue of an extraschedular TDIU rating is being remanded due to outstanding SSA records. The Veteran's service-connected disabilities preclude him from maintaining substantially gainful employment consistent with his education and work experience.
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