The veteran's increased rating claim for degenerative lumbar disc disease was denied as the evidence did not show ankylosis or incapacitating episodes. The service connection claim for a neurological condition of bilateral legs was also denied as there is no separate disability found.
The deciding factor: The medical evidence did not demonstrate ankylosis or incapacitating episodes, which are required for higher ratings under the General Rating Formula and the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- degenerative lumbar disc disease, neurological condition (bilateral legs)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 23, 2008
- Citation
- 0836486
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 0836486.
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.
- Granted
The Veteran was eligible for beneficiary travel benefits to attend a VA medical appointment on March 16, 2021 due to his service-connected conditions. The Board found that the nearest available clinic provided the required care and that the Veteran's statements were credible and consistent with the evidence.
- Granted
The Board has granted service connection for a lumbar back condition as secondary to the Veteran's service-connected right foot condition.
- Partly granted
The VA denied service connection for fungal infections but remanded decisions on bilateral torn rotator cuffs, tinnitus, bilateral hearing loss, and degenerative lumbar disc disease.
- Granted
The Board has granted service connection for the Veteran's lumbar spine condition, finding that his current condition is related to his in-service back pain and resolving all reasonable doubt in his favor.
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