The Veteran's cervical spine disability is granted as secondary to his service-connected lumbar spine disability. The Veteran's lumbar spine disability, which includes radiculopathy of the lower extremities, is denied for an evaluation in excess of 40 percent.
The deciding factor: The VA examiner found that the cervical spine disability shares etiology with the service-connected lumbar spine disability and was not caused by or aggravated by it. The Veteran's lumbar spine disabilities were all progressions of his lumbosacral strain, which is a service-connected condition.
- Claimed conditions
- Cervical spine disability, Lumbar spine disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 25, 2019
- Citation
- 19106371
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.
- Partly granted
The Board granted service connection for chronic headaches, CFS, dermatosis, bilateral RLS, a lumbar spine disability, and sleep apnea but denied a compensable evaluation for allergic rhinitis.
- Denied
The veteran's bad conduct discharge precludes eligibility for VA benefits, including compensation and healthcare.
- Denied
The Board denied service connection for various conditions, including diabetes mellitus, type II, coronary artery disease, congestive heart failure, hypertension, asthma/lung disease, vision disability, bilateral plantar fasciitis, leukocytosis, kidney disease/kidney stones, enlarged prostate, sleep apnea, rheumatoid arthritis, lumbar spine disability, right ankle disability, and left ankle disability.
- Denied
The Board denied service connection for low back disability, cervical spine disability, and right leg nerve disability as the evidence did not support a causal relationship between these conditions and the Veteran's active service.
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