The Veteran's claim for an increased rating for his service-connected lumbosacral strain/sprain with intermittent left sided sciatica, and first degree spondylolisthesis of L5 on S1 with degenerative disc disease of the lumbar spine was denied as there is no evidence of ankylosis or incapacitating episodes.
The deciding factor: The Veteran's range of motion did not meet criteria for higher ratings due to lack of ankylosis and absence of incapacitating episodes of intervertebral disc syndrome.
- Claimed conditions
- lumbosacral strain/sprain, first degree spondylolisthesis of L5 on S1, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 7, 2009
- Citation
- 0912915
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 0912915.
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's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Granted
The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.
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