The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease of the lumbosacral spine was denied as his disability did not meet the criteria for a higher rating under the applicable VA rating schedule.
The deciding factor: The medical evidence did not show ankylosis or other conditions that would warrant a higher rating, and the Veteran's symptoms were adequately addressed by the current 40 percent rating.
- Claimed conditions
- degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2009
- Citation
- 0945185
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 0945185.
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.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to their death.
- Granted
The Veteran's acquired psychiatric disability, including major depressive disorder, is granted as service connected. The lumbar spine disability is remanded for further examination and opinion.
- Dismissed
The Veteran's appeal for service connection on multiple conditions has been dismissed due to the death of the Veteran.
- Partly granted
The Board granted an earlier effective date for tinnitus to September 23, 2020 and denied service connection for bilateral hearing loss, GERD, hypothyroidism, neck disability, PTSD, acquired psychiatric disorder, degenerative disc disease of the lumbosacral spine, and osteoarthritis.
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