The Board denied the veteran's request for a higher disability rating for his degenerative disc disease of the lumbar spine, finding that his symptoms did not warrant a rating in excess of 10 percent. The issue of increased rating for radiculopathy of the right lower extremity was remanded.
The deciding factor: The VA examiner found no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, and the veteran's range of motion did not meet the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine. The Board also noted that there were no incapacitating episodes.
- Claimed conditions
- degenerative disc disease of the lumbar spine, radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 19, 2007
- Citation
- 0708208
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 0708208.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
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