The veteran's low back syndrome, with degenerative arthritis and disc disease, is currently rated at 40 percent. The rating for left elbow bursitis remains noncompensable.
The deciding factor: The VA examination findings did not demonstrate severe or pronounced intervertebral disc syndrome, chronic neurologic disability manifestations, or incapacitating episodes of intervertebral disc syndrome requiring bed rest within the previous 12 months, which are necessary to warrant a higher rating for low back syndrome.
- Claimed conditions
- Low back syndrome, Degenerative arthritis and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2004
- Citation
- 0407588
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (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 0407588.
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.
- Granted
The Veteran's cervical spine disability is currently rated at 20 percent from June 16, 2021 to February 15, 2022. From February 16, 2022 to March 7, 2022, the rating remains at 20 percent.
- Remanded (sent back)
The Board has remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.
- Granted
The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.
- Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back disability, including any degenerative arthritis. The examiner is asked to address whether there is radiculopathy related to the lumbar spine disability and determine if it is due to a cervical spine disorder instead. Additionally, the examiner should evaluate whether the service-connected low back syndrome caused or aggravated any other lumbar spine disorders (other than low back syndrome).
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