The Veteran's cervical spine disability is currently rated at 40 percent, and his lumbar spine disability is also rated at 40 percent. The Veteran was granted a separate rating for left lower extremity radiculopathy (10%) and right lower extremity radiculopathy (10%). A TDIU has been granted.
The deciding factor: The evidence does not meet the criteria for an evaluation higher than 40% for cervical spine disability, as there is no unfavorable ankylosis of the entire spine. For lumbar spine disability, the evidence shows that from January 30, 2020, it has not been productive of unfavorable ankylosis and there are no incapacitating episodes meeting criteria.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 10, 2021
- Citation
- 21007721
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 21007721.
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 Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
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