The Veteran's lumbar spine disability is currently rated as 20 percent disabling prior to December 26, 2012 and 60 percent disabling since that date. The cervical spine disability was also rated at 20 percent prior to December 26, 2012 and 60 percent since then.,The Veteran's chronic headaches are currently rated as 50 percent disabling.
The deciding factor: The Veteran's lumbar spine disability is not shown to have resulted in ankylosis prior to December 26, 2012 and has not been manifested by unfavorable ankylosis since that date. The cervical spine disability was also rated at the maximum schedular evaluation under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.,The Veteran's chronic headaches have been shown to be more nearly approximating very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
- Claimed conditions
- Acquired psychiatric disability (to include Posttraumatic Stress Disorder (PTSD)), Partial sacralization of L5 and diffuse disc bulge at L4-L5 level, chronic active lumbosacral strain, herniated disc protrusion (lumbar spine disability), IVDS of the lumbar spine from December 26, 2012, Mild paravertebral muscle spasms with uncovertebral hypertrophic changes (DJD) with associated diffuse disc bulge at C5-C6 level creating anterior epidural defect, cervical spine disability, IVDS of the cervical spine from December 26, 2012, Spinal cord impingement of the cervical spine, neurological manifestations, Status-post left fourth metacarpal fracture of the left hand (left hand disability), Left knee disability, Chronic headaches of the tension type, status-post head trauma (chronic headaches)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 25, 2017
- Citation
- 1718277
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 1718277.
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Related decisions
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- Granted
The Veteran's entitlement to higher level of SMC at the intermediate rate is granted, effective from January 8, 2021. He was previously in need of aid and attendance due to his left knee disability since February 1, 2017, and now has additional disabilities rated at 50 percent or more.
- Denied
The Board has denied the Veteran's claims for service connection for back, right knee, and left knee disabilities due to a lack of evidence showing current diagnoses or functional impairment.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left, right knee disabilities and right ankle disability due to inadequate medical opinions. The cases will be returned for further development.
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