The Board found that the veteran's service-connected low back disability, characterized by degenerative joint and disc disease of the lumbosacral spine, did not warrant a rating in excess of 40 percent due to lack of incapacitating episodes, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or associated neurological disorders.
The deciding factor: The evidence did not show any incapacitating episodes of intervertebral disc syndrome, muscle spasms, guarding severe enough to affect gait or spinal contour, or associated neurological disorders such as bowel or bladder impairment.
- Claimed conditions
- Degenerative joint and disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 20, 2008
- Citation
- 0820402
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 0820402.
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.
- Denied
The Board denied a disability rating in excess of 20 percent for the Veteran's back disability, characterized as degenerative joint and disc disease of the lumbosacral spine.
- Remanded (sent back)
The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repeated use over time of his service-connected lumbosacral spine disability. The Veteran needs a supplemental opinion from the VA examiner.
- Denied
The Veteran's back disability has not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees. The claim for an evaluation in excess of 10 percent for service-connected back disability is denied.
- Granted
The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.
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