The Veteran's initial claim for a higher rating for thoracolumbar spine scoliosis with spondylosis and degenerative disc disease was granted, but the issue of an increased rating remains pending. The cervical spine disability and urinary incontinence disorder are remanded.
The deciding factor: The Veteran’s lumbar spine disability met the criteria for a 20% evaluation under Diagnostic Code 5242 due to limitation of motion.
- Claimed conditions
- thoracolumbar spine scoliosis with spondylosis, degenerative disc disease, bilateral lower extremity neuritic pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 25, 2019
- Citation
- 19132361
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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