The veteran's lumbar strain with L3-5 degenerative disc disease does not warrant a rating in excess of 40 percent, but his depression is considered secondary to the service-connected condition and will be rated accordingly.
The deciding factor: The veteran's lumbar strain with DDD was found not to have resulted in unfavorable ankylosis or incapacitating episodes, while his depression was determined to be aggravated by the service-connected disability.
- Claimed conditions
- Degenerative spinal arthritis, Lumbar stenosis
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 25, 2008
- Citation
- 0813758
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 0813758.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 remanded the Veteran's claim for special monthly compensation based on aid and attendance due to service-connected disabilities. The AOJ is instructed to consider whether the Veteran requires the aid and attendance of another person solely due to effects of service-connected disabilities, including differentiating symptoms of peripheral neuropathy from non-service-connected back pain.
- Remanded (sent back)
The Veteran's DDD of the thoracolumbar spine with IVDS, lumbar stenosis, and lumbar spondylolisthesis is rated at 40 percent since March 27, 2017. The Board has remanded for further development regarding a TDIU on an extraschedular basis.
- Remanded (sent back)
The Board has remanded the Veteran's claims of higher staged ratings for degenerative arthritis of the spine, right-sided sciatica, and left-sided sciatica due to a lack of adequate reasons and bases in the previous decision. The Board found that a VA examination is necessary before these matters can be adjudicated on the merits.
- Remanded (sent back)
The Board has remanded the claim due to insufficient evidence regarding the relationship between the Veteran's current back disabilities and his service. The Veteran will need a new VA examination to clarify all diagnosed conditions.
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