The veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine and associated S1 nerve root radiculopathy, left, is denied as the evidence does not meet the criteria for a disability rating in excess of 40 percent.
The deciding factor: The veteran's degenerative disc disease of the lumbar spine is currently rated at 40 percent under Diagnostic Code 5293 (pre-September 26, 2003), which requires severe limitation of motion. The evidence does not show that his condition meets or approximates the criteria for a higher rating.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, S1 nerve root radiculopathy, left
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 29, 2006
- Citation
- 0630536
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 0630536.
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 service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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