The Veteran's lumbar spine disability was initially evaluated as 10 percent disabling prior to June 20, 2006. From June 20, 2006, the disability is not rated higher than 40 percent.
The deciding factor: The VA examination and medical records do not support a rating in excess of 10 percent for the period prior to June 20, 2006, as there was no ankylosis or incapacitating episodes. From June 20, 2006, the disability is rated at 40 percent due to limitation of motion and neurologic abnormalities.
- Claimed conditions
- Degenerative disc disease, lumbar spine, Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 11, 2010
- Citation
- 1001415
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 1001415.
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
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