The Board denied the veteran's claim for a rating in excess of 40 percent for residuals of a fracture of the D-12 vertebra with laminectomy at L4-5, finding that the evidence did not show pronounced intervertebral disc syndrome or incapacitating episodes over the previous year.
The deciding factor: The medical evidence prior to September 23, 2002 did not document symptoms compatible with IVDS (intervertebral disc syndrome), and after September 23, 2002, it did not show any incapacitating episodes or separate ratable neurological manifestations.
- Claimed conditions
- residuals fracture vertebrae D-12, lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 8, 2006
- Citation
- 0638347
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 0638347.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Dismissed
The Veteran has withdrawn his appeals for increased disability ratings in excess of 20 percent for lumbar spine degenerative disc disease and right shoulder labral tear, including superior labral anterior-posterior lesion. The appeal is dismissed.
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