The Board denied the veteran's claims for evaluations in excess of 20 percent and 40 percent for his degenerative disease of the lumbar spine, L5 right radiculopathy since August 2000 to February 2006. The effective date is set at February 13, 2006.
The deciding factor: The evidence did not meet the criteria for a higher evaluation prior to September 23, 2002 and after that date, it did not meet the criteria for a 40 percent rating since February 2006.
- Claimed conditions
- degenerative disease of the lumbar spine, L5 right radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2006
- Citation
- 0636158
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (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 0636158.
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 initial 10 percent rating for migraines is granted, while a compensable rating for bilateral hearing loss is denied. Service connection is granted for pes planus, but not for degenerative disease of the lumbar spine, bilateral knee pain, hypertension, GERD, or sleep apnea and generalized anxiety disorder.
- Remanded (sent back)
The Board has remanded the claims for an evaluation higher than 10 percent for cervical degenerative joint disease prior to March 5, 2019 and entitlement to a total disability based on individual unemployability due to service-connected disability (TDIU).
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding the relationship between the Veteran's service-connected cervical spine condition and his current degenerative disease of the lumbar spine.
- Denied
The Veteran's claim of increased rating for a left knee disability is denied as he withdrew his appeal without good cause. The Board also remanded the issue of TDIU 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.