The Veteran's service-connected degenerative disc disease of the lumbar spine did not preclude him from securing or following substantially gainful employment for the period from August 25, 1997 to March 14, 2001. Therefore, his claim for extraschedular consideration under 38 C.F.R. § 3.321(b)(1) and 4.16(b) is denied.
The deciding factor: The objective evidence of record does not present an exceptional or unusual disability picture due solely to the service-connected degenerative disc disease of the lumbar spine, as to render impractical the application of the regular schedular standards.
- Claimed conditions
- degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2010
- Citation
- 1004334
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 1004334.
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.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Granted
The Veteran's claim for special monthly compensation (SMC) based on the need for aid and attendance is granted, as he requires regular assistance with dressing, keeping himself clean and presentable, and attending to his bodily needs due to service-connected disabilities.
- Partly granted
The Board granted service connection for tinea capitis, hypertension, and degenerative disc disease of the lumbar spine but denied service connection for sinusitis and urinary tract infections. The claims for PTSD, hearing loss, chest pain, right hip condition, left hip condition, and right knee condition were remanded.
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.