The Board granted a 10 percent disability evaluation for cervical strain with spondylosis and restored the 40 percent evaluation for lumbosacral strain with lumbar disc disease, while denying higher ratings for all other conditions.

The deciding factor: The Veteran's symptoms during flareups or with repetitive use of the joint over time more closely approximated a 10 percent rating for cervical spine disability and a 40 percent rating for lumbosacral strain with lumbar disc disease, but did not warrant higher ratings.

Claimed conditions

Cervical strain with spondylosis, Lumbosacral strain with lumbar disc disease, Radiculopathy of the left lower extremity (left external cutaneous nerve), Radiculopathy of the right lower extremity (right external cutaneous nerve), Radiculopathy of the right lower extremity (right ilio-inguinal nerve), Radiculopathy of the right lower extremity (right obturator nerve)

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

10%

Decision date

February 28, 2025

Citation

A25018712

Want to see how appeals like this one tend to go? Appeals like mine