The Veteran's lumbar spine disorder has been rated at 40 percent since June 2008, but the evidence does not support a higher rating.,Prior to October 25, 2014, the Veteran's cervical spine disorder was rated at 20 percent. As of that date, it is rated at 30 percent.,The Veteran has been granted TDIU effective October 25, 2014, but he seeks an earlier effective date for this benefit.,Service connection for fibromyalgia has not been established.,There are no issues regarding service connection or exposure basis.
The deciding factor: The evidence does not show unfavorable ankylosis of the entire thoracolumbar spine, intervertebral disc syndrome with incapacitating episodes of at least 6 weeks during the past 12 months, or limitation of flexion to less than 30 degrees for a higher rating on the lumbar spine disorder.,Prior to October 25, 2014, the evidence does not show unfavorable ankylosis of the entire cervical spine, intervertebral disc syndrome with incapacitating episodes of at least 4 weeks but less than 6 weeks during the past 12 months, or limitation of flexion to 15 degrees for a higher rating on the cervical spine disorder.,As of October 25, 2014, the evidence does not show unfavorable ankylosis of the entire cervical spine, intervertebral disc syndrome with incapacitating episodes of at least 4 weeks but less than 6 weeks during the past 12 months, or limitation of flexion to 15 degrees for a higher rating on the cervical spine disorder.,Service connection for fibromyalgia has not been established in this decision.,The Veteran's TDIU claim is granted effective October 25, 2014.
- Claimed conditions
- Lumbar Spine Disorder, Cervical Spine Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2017
- Citation
- 1732571
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 1732571.
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- Remanded (sent back)
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