The veteran's degenerative disc disease, lumbar spine is rated at 40 percent disabling. The Board denied the claim for a higher evaluation and TDIU due to lack of evidence showing incapacitating episodes or unfavorable ankylosis.
The deciding factor: The VA examiner found that the veteran’s back pain did not meet criteria for more than a 40 percent disability rating, as she had no significant neurological deficits or incapacitating episodes.
- Claimed conditions
- degenerative disc disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 2, 2004
- Citation
- 0402941
Veterans Law Judge
Decisions by this judge: 386 · Granted: 25% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0402941.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided that the Veteran does not have a current disability of hearing loss and denied service connection for bilateral hearing loss. The Board also found insufficient evidence to establish service connection for degenerative disc disease of the lumbar spine, thus remanding the case.
- Whole decision: Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Whole decision: Partly granted
The Board granted an effective date of March 23, 2011, for the grant of a separate 10 percent rating for left knee meniscal tear with degenerative arthritis, limitation of flexion and from March 23, 2011, for a 10 percent rating for right knee joint osteoarthritis, instability or subluxation. The Board denied ratings in excess of 10 percent for the left and right knees and cervical spine, and granted service connection for obstructive sleep apnea.
- Whole decision: Granted
The Board granted service connection for degenerative arthritis and degenerative disc disease, lumbar spine based on a positive nexus between the Veteran's back disabilities and his military service.
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