The Veteran's cervical spine degenerative arthritis is now rated at 30 percent, effective from August 23, 2011. The lumbar spine disability remains rated at 20 percent prior to December 11, 2017.
The deciding factor: The VA-contract examination provided motion loss estimates for the lumbar and cervical spine disabilities during flare-ups and repeated use over time, which supported a higher rating based on functional impairment.
- Claimed conditions
- lumbar spine degenerative arthritis, cervical spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 28, 2023
- Citation
- 23019092
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 23019092.
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.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has granted service connection for cervical spine degenerative arthritis. The claims for back pain and right upper extremity radiculopathy are remanded due to the need for additional medical examinations.
- Remanded (sent back)
The Board has remanded the claim of service connection for lumbar spine degenerative arthritis as secondary to bilateral pes planus due to inadequate medical opinions and lack of contemporaneous medical records.
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