The Veteran's lumbar and thoracic spine degenerative joint disease, cervical spondylosis and degenerative disease (cervical spine disability), and left and right upper extremity cervical radiculopathy have been granted effective from March 7, 2005.,An initial evaluation in excess of 50 percent for lumbar and thoracic spine degenerative joint disease is granted since May 16, 2012. An initial rating of 30 percent for cervical spondylosis and degenerative disease (cervical spine disability) from May 16, 2012 to December 20, 2022, and an evaluation in excess of 30 percent is denied from December 20, 2022 onwards.,Initial ratings for left upper extremity cervical radiculopathy (left arm) and right upper extremity cervical radiculopathy (right arm) are granted at 50 percent and 40 percent respectively since May 16, 2012.
The deciding factor: The Veteran's lumbar and thoracic spine degenerative joint disease was present when he filed his March 7, 2005 claim. The effective date is fixed in accordance with the facts found but shall not be earlier than the date of receipt of application therefor.
- Claimed conditions
- lumbar and thoracic spine degenerative joint disease, cervical spondylosis and degenerative disease, status post fusion surgery
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 31, 2023
- Citation
- A23030329
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 A23030329.
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 Veteran's claims for higher rating, SMC based on need for aid and attendance or housebound status, and TDIU are being remanded due to the need for additional medical examination and information.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a higher rating for his lumbar and thoracic spine degenerative joint disease, special monthly compensation based on need for aid and attendance, and TDIU due to service-connected disabilities. The AOJ is instructed to obtain private treatment records from Dr. Landingham and schedule the Veteran for a VA spine examination.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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