The veteran's service-connected lumbar spine disability was rated at 40 percent from October 17, 1996 to March 3, 2003 and from July 1, 2003 to the present. The Board found that his symptoms warranted a higher evaluation due to pronounced intervertebral disc syndrome.
The deciding factor: The veteran's symptoms of severe lumbosacral strain, moderate to severe intervertebral disc syndrome, and mild to moderate neurological manifestations met the criteria for a 40 percent evaluation under Diagnostic Code 5293 (pre-September 23, 2002) or DC 5295 (post-September 23, 2002).
- Claimed conditions
- Degenerative disc disease, Postoperative lumbar spine condition, Lumbosacral strain with spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 28, 2006
- Citation
- 0636906
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 0636906.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- 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.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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