The Veteran's service-connected post-operative disc syndrome with nerve root residuals and spinal fusion caused him to require aid and assistance on a regular basis for protection from hazards or dangers incident to his daily environment, resulting in the grant of special monthly compensation based on aid and attendance. However, he did not meet the criteria for an increased rating beyond 60 percent due to lack of unfavorable ankylosis of the entire spine.
The deciding factor: The Veteran's service-connected lumbar spine disability did not manifest with complete unfavorable ankylosis of the entire spine or separate and distinct neurological features that were not contemplated in the initial rating decision.
- Claimed conditions
- post-operative disc syndrome with nerve root residuals and spinal fusion, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- November 19, 2019
- Citation
- 19187224
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 veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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