The Veteran's claim for an increased rating for DDD of the lumbosacral spine was denied, and his claim for an earlier effective date for service connection remains pending.
The deciding factor: The RO found that there was no new and material evidence submitted to reopen the claims prior to July 30, 1998, which is when the Veteran's claim for benefits was first filed. The RO also determined that the DDD of the lumbosacral spine warranted a rating of 40 percent.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 27, 2009
- Citation
- 0945199
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 0945199.
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 DDD of the lumbosacral spine is now rated at 40 percent effective December 22, 2010.
- Remanded (sent back)
The Board vacated part of its decision denying a rating in excess of 10 percent for service-connected DDD of the lumbosacral spine, and remanded it due to a lack of contemporaneous examination. The claim is now pending again.
- Partly granted
The Veteran was awarded a 10% rating for DDD of the lumbosacral spine effective August 16, 2018. However, he did not receive proper notice of a scheduled VA examination in June 2000 and his service connection claim is still pending.
- Granted
The Veteran's DDD of the lumbosacral spine is granted a higher evaluation to 40 percent. The evaluations for bilateral lower extremity radiculopathy remain at 10 percent.
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.