The VA denied a claim for an increased disability rating for the veteran's low back disorder, which was characterized as degenerative joint disease and disc bulging of the lumbosacral spine. The RO initially granted service connection in June 1998 with a 20% evaluation, and later increased it to 40% effective October 21, 1997.
The deciding factor: The VA found that the veteran's lumbar spine disorder did not meet the criteria for an evaluation in excess of 40 percent based on X-ray evidence of degenerative disc disease, limitation of lumbar spine motion, and complaints of tenderness and pain without pronounced intervertebral disc syndrome.
- Claimed conditions
- Degenerative Joint Disease, Degenerative Disc Disease, Herniated Nucleus Pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 28, 2005
- Citation
- 0511967
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 0511967.
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.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Remanded (sent back)
The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and requires an additional VA examination for the Veteran's back disability.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
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