The VA has determined that the veteran's disability, status post lumbar surgery for herniated disc and spondylolisthesis, does not warrant a rating higher than 40 percent due to lack of incapacitating episodes or periods of acute signs and symptoms requiring bed rest and treatment by a physician.
The deciding factor: The VA found that the veteran's disability did not result in functional loss consistent with unfavorable ankylosis of the entire thoracolumbar spine, which would warrant a higher rating.
- Claimed conditions
- Herniated disc, Spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 2, 2006
- Citation
- 0603023
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 remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Denied
The Board denied the veteran's claims for increased ratings and eligibility for specially adapted housing and special home adaptation benefits, as well as an earlier effective date for a disability rating.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.