The veteran's degenerative joint/disc disease of the lumbar spine was not found to warrant a rating in excess of 10 percent prior to September 30, 2005, or for a rating in excess of 40 percent thereafter.
The deciding factor: The functional impairment of the veteran's low back more nearly approximated the criteria for a 10 percent disability rating prior to September 30, 2005, and a 40 percent rating was assigned effective that date based on evidence of severe limitation of motion.
- Claimed conditions
- degenerative joint/disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 16, 2008
- Citation
- 0816300
Veterans Law Judge
Decisions by this judge: 1,738 · 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 0816300.
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 Veteran's claims for a higher rating for depression and TDIU prior to October 11, 2016 are being remanded due to the need for additional evidence and consideration of extraschedular criteria.
- Remanded (sent back)
The Board has remanded the claims for increased ratings for degenerative joint/disc disease of the lumbar spine and left lower extremity sciatica due to inadequate examination reports. The Veteran's disability must be evaluated retrospectively over the claim period, considering flare-ups and repeated use.
- Denied
The Board has determined that the Veteran's service-connected disabilities did not render him unable to secure or follow any form of substantially gainful employment prior to August 3, 2009.
- Granted
The Veteran's degenerative joint/disc disease of the lumbar spine is considered to have started during her military service, and thus she has been granted service connection for this condition.
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