The veteran's service-connected low back disability is not productive of ankylosis or incapacitating episodes, and thus does not meet the criteria for a rating in excess of 40 percent.
The deciding factor: The veteran's lumbar spine disability did not result in unfavorable ankylosis or incapacitating episodes as required by the applicable diagnostic codes.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 21, 2006
- Citation
- 0629913
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 0629913.
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Partly granted
The Veteran's GERD was granted a 60 percent disability rating, and the June 15, 2020 VA Form 10182 for service connection claims was accepted as timely due to good cause shown.
- Remanded (sent back)
The Board has ordered additional development to assess the current severity of the Veteran's service-connected back disability, including retrospective opinions and clarification regarding medication effects. The case will be returned for further action.
- Denied
The Board denied service connection for degenerative joint disease of the lumbar spine, sleep apnea, and a compensable evaluation for bilateral hearing loss. The Veteran was granted a total disability rating based upon individual unemployability from September 4, 2013 to February 23, 2014.
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