The Veteran's claims for increased ratings and effective dates have been denied. The Board found that the Veteran did not meet the criteria for an increased rating in excess of 20 percent for cervical spine DDD and DJD, lumbar spine DDD status post fusion, or headache syndrome with migraine features. The issues regarding radiculopathy, special monthly compensation based on housebound criteria, and TDIU have been remanded.
The deciding factor: The Veteran's range of motion was found to be within the limits for a 20 percent rating in both cervical spine DDD and DJD and lumbar spine DDD status post fusion. The Veteran did not meet the criteria for an increased rating as his forward flexion was above 15 degrees, which is the minimum for a higher rating.
- Claimed conditions
- Cervical spine degenerative disc disease (DDD) and degenerative joint disease (DJD), Lumbar spine DDD status post fusion, Headache syndrome with migraine features, Posttraumatic stress disorder (PTSD), Major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2018
- Citation
- 18160630
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 18160630.
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 major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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