The Veteran's claim for an increased evaluation for his degenerative disc disease of the lumbar spine with spondylosis, spondylolisthesis, and intervertebral disc syndrome involving the deep peroneal nerve was denied as it did not meet the criteria for a higher rating.
The deciding factor: The Veteran's disability did not result in forward flexion of the thoracolumbar spine to 30 degrees or less, nor did he have unfavorable ankylosis of the entire thoracolumbar spine. The evidence did not support entitlement to an evaluation in excess of 20 percent under the rating code for intervertebral disc syndrome.
- Claimed conditions
- degenerative disc disease of the lumbar spine, spondylosis, spondylolisthesis, intervertebral disc syndrome involving the deep peroneal nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 9, 2009
- Citation
- 0946700
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 0946700.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- 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 case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
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