The Veteran's claims for increased ratings and service connection were denied. The initial rating for the lumbosacral spine was granted but at a noncompensable level, effective September 1, 2002. The Veteran's claims for asthma and GERD were also denied.
The deciding factor: The evidence did not meet the criteria for higher ratings under applicable diagnostic codes.
- Claimed conditions
- degenerative changes of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2009
- Citation
- 0943841
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 0943841.
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 Board granted service connection for multiple conditions, including adjustment disorder with anxiety and depressed mood, GERD, contact dermatitis, left ankle gout, degenerative changes of the lumbosacral spine, left knee meniscal tear and gout, left big toe gout, left elbow gout, status post cervical fusion, and sleep apnea, as they are related to active duty training (ACDUTRA).
- Granted
The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation, and the Board has granted entitlement to a TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to incomplete development and requests for clarification on service connection for right and left hip disabilities, as well as a disability rating for lumbosacral spine issues. The effective date of TDIU and DEA awards is also in question.
- Denied
The Board denied service connection for a lumbar spine disorder, finding that the Veteran's preexisting scoliosis did not worsen during service and that his current degenerative changes of the lumbosacral spine were not shown to be related to service.
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