The Veteran is not entitled to an initial evaluation in excess of 20 percent for degenerative disk disease of the lumbar spine from October 25, 2006 and ongoing. For the period from March 2, 2004 through October 24, 2006, a 20 percent evaluation is granted.
The deciding factor: The Veteran's degenerative disk disease of the lumbar spine did not result in forward flexion of the thoracolumbar spine of 30 degrees or less, even when pain was taken into account, for the period from October 25, 2006 and ongoing.
- Claimed conditions
- Degenerative disk disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 15, 2009
- Citation
- 0922359
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 0922359.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's degenerative disk disease of the lumbar spine is currently rated at 20 percent, and the Board has granted a higher rating to 40 percent.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 20 percent for lumbar spine disability to schedule a VA examination to determine if the Veteran has intervertebral disc syndrome (IVDS) and, if so, whether he has required bed rest prescribed by a physician during any 12-month period.
- Granted
The Veteran's service-connected low back disability was granted a 40 percent evaluation from April 15, 2015, to April 7, 2016, and from June 1, 2016, to the present. The RO also increased his evaluations for radiculopathy affecting the left sciatic nerve, right sciatic nerve, left femoral nerve, and right femoral nerve.
- Denied
The Veteran's claim for an effective date prior to October 31, 2018, for the award of service connection for a lumbar spine disability was denied. The earliest possible effective date is October 31, 2018.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.