The Board granted earlier effective dates for individual unemployability (TDIU) and eligibility to Dependents' Educational Assistance (DEA), but denied increased ratings for degenerative arthritis of the lumbar and thoracic spine and cervical spine, as well as special monthly compensation.
The deciding factor: The Veteran's service-connected disabilities rendered him incapable of obtaining and maintaining gainful employment from January 13, 2005, which supported the earlier effective dates for TDIU and DEA. However, his degenerative arthritis did not meet the criteria for higher ratings during the appeal period.
- Claimed conditions
- Degenerative arthritis of the lumbar and thoracic spine, Degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2024
- Citation
- A24071433
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial disability rating of 30 percent for degenerative arthritis of the cervical spine but denied a total disability rating based on individual unemployability (TDIU).
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative arthritis of the cervical spine and entitlement to total disability based on individual unemployability (TDIU) due to a pre-decisional duty to assist error.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's degenerative arthritis of the cervical spine is secondary to his service-connected right shoulder disability.
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