The Board denied the Veteran's claim for an evaluation in excess of 40 percent for traumatic degenerative disc disease with bilateral radiculopathy, as there was no evidence of incapacitating episodes having a total duration of at least six weeks during the previous 12 months, unfavorable ankylosis of the entire thoracolumbar spine, or more than moderately severe incomplete paralysis of the sciatic nerve.
The deciding factor: The decision was based on the lack of evidence supporting the criteria for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- degenerative disc disease with bilateral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 4, 2009
- Citation
- 0907928
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (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 0907928.
What this means for you
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What you can do next
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