The Veteran's cervical spine strain and lumbar spine strain have been rated based on their specific disabilities, with the highest ratings possible under current VA guidelines. The Veteran is granted a TDIU effective October 28, 2016.,For cervical spine strain prior to September 14, 2016, the Veteran's disability level does not warrant an increased rating as there are no treatment notes supporting higher levels of disability.
The deciding factor: The evidence did not support a higher disability level for either condition and the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- Cervical Spine Strain, Lumbar Spine Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2019
- Citation
- 19122835
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19122835.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
- Remanded (sent back)
The Veteran's service-connected cervical spine, bilateral shoulder, and right ankle disabilities are remanded for further evaluation. The Veteran also has claims for increased ratings for tension headaches and sinusitis, which are also remanded.
- Granted
The Board has granted a 40 percent rating from September 28, 2019 for the Veteran's service-connected intervertebral disc syndrome with disc herniation L3-S1, status post discectomy L3-4 and L4-5. The other conditions have been rated based on their direct service connection.
- Remanded (sent back)
The Veteran's appeal for an initial compensable evaluation for service-connected bilateral hearing loss has been denied. The appeal for service connection of a cervical spine disorder is remanded due to the need for a VA medical opinion.
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