The veteran's low back strain with DDD is currently rated at 40 percent, effective August 4, 1999. The Board found that the evidence did not meet the criteria for a higher rating.
The deciding factor: The veteran's disability manifested by severe intervertebral disc syndrome (IVDS) was evaluated under the revised criteria of DC 5243, which requires incapacitating episodes having a total duration of at least 6 weeks during the past 12 months to warrant a 60 percent rating. The evidence did not show such an occurrence.
- Claimed conditions
- low back strain with degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2006
- Citation
- 0602290
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 0602290.
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.
- Remanded (sent back)
The Board has remanded the case due to a lack of medical examination and an incomplete review of the claim. The Veteran's back disability needs to be evaluated for the period between March 7, 2011, and April 18, 2017.
- Remanded (sent back)
The Board has remanded the claim for a higher rating for low back strain with degenerative disc disease (DDD) due to inadequate examination findings and further delay is required.
- Denied
The VA has determined that the Veteran's low back strain with DDD does not warrant a rating higher than 10 percent since May 11, 2006.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.