The veteran's DJD and DDD of the lumbar spine have been rated at 20 percent since November 22, 2004. The RO has not found any evidence to warrant a higher rating based on the current medical evidence. For non-service-connected pension benefits, the veteran does not meet the criteria for permanent and total disability due to his service-connected disabilities.
The deciding factor: The VA examinations did not show ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS) that would warrant a higher rating under Diagnostic Code 5243. The medical evidence also did not indicate any associated objective neurologic abnormalities, including bowel or bladder impairment.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 4, 2008
- Citation
- 0841793
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 0841793.
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
For the period prior to June 17, 2018, the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. For the period beginning June 17, 2018, the Veteran's lumbar spine disability most closely approximated forward flexion of the thoracolumbar spine less than 30 degrees but not greater than 60 degrees.,For the entire period on appeal, the Veteran's separate right and left lower extremity sciatic radiculopathy disabilities were rated at 20 percent each.
- Denied
The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion of the thoracolumbar spine limited to 30 degrees or less, ankylosis, or incapacitating episodes.
- Remanded (sent back)
The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.
- Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2016. The Board denied a higher rating as the evidence does not support an increase in his current rating.
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