The Veteran's spine disabilities, specifically degenerative joint disease of the thoracic and lumbar spine, are rated at 20 percent prior to July 9, 2009, and 40 percent beginning from that date. The Veteran also has right lower extremity radiculopathy as a neurological manifestation of his spine disability, which is separately rated at 10 percent prior to July 9, 2009, and 20 percent thereafter.
The deciding factor: The Veteran's degenerative joint disease of the thoracic and lumbar spine meets the criteria for a 40 percent rating beginning from July 9, 2009, due to forward flexion limited to 30 degrees or less. The right lower extremity radiculopathy is rated at 10 percent prior to July 9, 2009, and 20 percent thereafter.
- Claimed conditions
- emphysema, hypertension, sleep apnea, coronary artery disease (secondary to hepatitis C with enlarged liver), posttraumatic stress disorder (PTSD) with alcohol abuse, degenerative joint disease of the thoracic spine, degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 25, 2016
- Citation
- 1629488
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 1629488.
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
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Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
- Remanded (sent back)
The Board has remanded the claims for additional development due to conflicting opinions regarding service connection for peripheral neuropathy, hypertension, and skin disabilities related to herbicide exposure.
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