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 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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Granted
The Veteran's need for the regular aid and attendance of another person was determined due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance for accrued benefits purposes.
- Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
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.