The veteran's service-connected DDD of the lumbar spine is not more than 40 percent disabling, and an evaluation in excess of 40 percent is denied.
The deciding factor: There was no evidence of incapacitating episodes having a total duration of at least six weeks during any 12-month period, nor was there evidence of unfavorable ankylosis. The veteran's neurological manifestations were separately rated.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 23, 2008
- Citation
- 0817027
Veterans Law Judge
Decisions by this judge: 952 · Granted: 17% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0817027.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Whole decision: Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Whole decision: Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
- Whole decision: Granted
The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.
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