The Veteran's low back disability is rated at 40 percent, effective September 14, 2018. The cervical spine disability secondary to the service-connected low back disability is remanded for further review.
The deciding factor: The VA examiner found that the Veteran’s low back disability more nearly approximated forward flexion of 70 degrees with pain, which meets the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. The cervical spine disability is remanded as it involves secondary service connection.
- Claimed conditions
- Degenerative disc disease, lumbosacral spine L5-S1, Cervical spine disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 14, 2018
- Citation
- 18135032
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 18135032.
What this means for you
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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.
- 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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
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