The Veteran's lumbar spine disability is currently rated at 40% and the Board finds that a higher rating is warranted for this condition. The Veteran was also granted service connection for Hepatitis C, an upper back disorder as secondary to degenerative disc disease (DDD), and upper extremity pain as secondary to a service connected right wrist disability.
The deciding factor: The February 2013 VA examination report provided sufficient information regarding the Veteran's lumbar spine disability and its current severity. The examiner noted that the Veteran had forward flexion of the thoracolumbar spine to 20 degrees, which is less than the 30 degrees required for a higher rating under the General Rating Formula.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Hepatitis C, Upper Back Disorder as secondary to Degenerative Disc Disease (DDD), Upper Extremity Pain as secondary to a Service Connected Right Wrist Disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 31, 2017
- Citation
- 1730222
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 1730222.
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 Board denied a compensable initial rating for Hepatitis C, finding that the Veteran's condition was asymptomatic and did not meet the criteria for any higher rating.
- Granted
The Board has determined that the Veteran's Hepatitis C with cirrhosis is related to service, and therefore grants service connection for these conditions.
- Partly granted
The Veteran's depressive disorder is granted as service-connected, with the Board finding it related to his active duty service and aggravated by his service-connected tibia fractures. The claim for hepatitis C is remanded due to inadequate medical opinions regarding its etiology.,Service connection for depressive disorder is established based on direct evidence of a current disability (depressive disorder) that was incurred during active duty service.
- Granted
The Veteran's service-connected Hepatitis C, lumbar DDD with strain, osteomyelitis, and loss of use of right foot disability rendered him so helpless as to be in need of regular aid and attendance. Effective October 28, 2008, the Veteran meets the criteria for SMC under various provisions.
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