The Board has reopened the Veteran's claim for service connection for degenerative disc disease of the lumbar spine and lumbosacral strain due to new evidence submitted since the May 1979 RO decision. The cervical spine disability is denied as it cannot be distinguished from PTSD, which precludes separate evaluations. Service connection for hypertension is denied as there was no service connection established. The Veteran's TBI is rated at 100% disabling concurrently with his PTSD.
The deciding factor: The Board found that the evidence did not support a separate evaluation of the Veteran's TBI and PTSD, as it was impossible to distinguish between their effects on the Veteran's functioning.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Cervical spine disability, Left knee disability, Right knee disability
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- Agent Orange / herbicides
- Rating assigned
- None in this decision
- Decision date
- December 14, 2017
- Citation
- 1758072
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 1758072.
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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Granted
The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
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