The Veteran's claim for a higher initial disability rating for his service-connected lumbar spine disability was denied. The highest available rating under the old and amended versions of Diagnostic Code 5293 (prior to September 26, 2003) is 60 percent.
The deciding factor: The Veteran's lumbar spine disability did not meet or approximate the criteria for a higher evaluation as ankylosis of the entire spine was not shown and he had no incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician.
- Claimed conditions
- herniated nucleus pulposus, spondylolisthesis, spondylosis L-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 4, 2010
- Citation
- 1008116
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 1008116.
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 Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Dismissed
The appeal of the November 2024 non-final rating decision, deferring the adjudication of the Veteran's claim for an increased rating for service-connected intervertebral disc syndrome, spinal stenosis, and spondylolisthesis, was dismissed.
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