The Board denied an increased rating for the veteran's service-connected spondylolisthesis of the lumbosacral spine, currently rated at 40 percent.
The deciding factor: The evidence did not show any intervertebral disc syndrome or other neurological impairment that would warrant a higher evaluation under Diagnostic Code 5293. The veteran had no fracture of the vertebra (Diagnostic Code 5285) and his disability did not require use of a neck brace (jury mast).
- Claimed conditions
- spondylolisthesis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 3, 2003
- Citation
- 0300092
Veterans Law Judge
Decisions by this judge: 504 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0300092.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for an initial disability rating in excess of 40 percent for spondylolisthesis of the lumbosacral spine has been withdrawn, and his claim is dismissed.
- Denied
The Board denied the Veteran's claim for VA non-service-connected disability pension benefits as his income and net worth were not provided in a timely manner, and he was found to be permanently and totally disabled due to service-connected disabilities.
- Remanded (sent back)
The Board has dismissed the appeal of a compensable rating for bilateral hearing loss. Service connection is granted for hypertension and erectile dysfunction as secondary to service-connected low back disability. The Veteran's claims for increased ratings for spondylolisthesis, radiculopathy, sciatica, nonservice-connected pension, and TDIU are remanded.
- Granted
The Veteran's service-connected depressive disorder is granted. The rating for his spondylolisthesis of the lumbosacral spine remains at 20 percent, but he is granted a separate rating for radiculopathy of the bilateral lower extremities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.