The Board has denied the veteran's claims for increased evaluations for his service-connected lumbar disc disease and left ankle strain, as well as his claim for TDIU. The current ratings of 40 percent for lumbar disc disease and 10 percent for left ankle strain are deemed sufficient to reflect the severity of these conditions.
The deciding factor: The veteran's lumbar disc disease is currently rated at 40 percent, which adequately reflects its moderately severe functional limitations without ankylosis. His left ankle strain is rated at 10 percent, reflecting mild to moderate limitation of function due to pain.
- Claimed conditions
- Lumbar Disc Disease, Left Ankle Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 30, 2004
- Citation
- 0434497
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 0434497.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected degenerative arthritis of the cervical spine, lumbar disc disease, bilateral lower extremity radiculopathy, bilateral knee strains, residuals of a left ankle concussion, and bilateral pes cavus are found to be related to his obstructive sleep apnea. His claim for restoration of a 30 percent evaluation for degenerative arthritis of the cervical spine is granted.
- Granted
The Veteran's PTSD, sleep apnea, hypertension, right MCA stroke with left-sided hemiplegia and major neurocognitive impairment, headaches, left ankle sprain, cervical sprain, and lumbar disc disease are all granted as secondary to service-connected conditions.
- Remanded (sent back)
The Board has found the reduction in rating for spinal stenosis, lumbar disc disease, and Schmorl's nodes from 20% to 10% was improper. The 20% rating is restored. However, the issues of increased ratings for left and right lower extremity sciatic nerve radiculopathy and ankle conditions are remanded due to a duty to assist error.
- Granted
The Board has determined that the evidence is at least in equipoise, and therefore grants service connection for Obstructive Sleep Apnea (OSA) as secondary to Post-Traumatic Stress Disorder (PTSD) and other service-connected conditions such as lumbar disc disease, right lower extremity radiculopathy, obstructive lung disease, and gastroesophageal reflux.
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