The Board denied the Veteran's claims for a higher disability rating for his lumbar spine condition and TDIU based on service-connected disabilities, as the evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.
The deciding factor: The evidence showed that the Veteran had forward flexion of at least 40 degrees with pain, but no ankylosis or significant associated neurological abnormalities. The Board found that this did not warrant a higher disability rating than 40 percent.
- Claimed conditions
- lumbar spine spondylolisthesis with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 19, 2010
- Citation
- 1010468
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 1010468.
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 an earlier effective date of January 27, 2015, for a 40 percent rating for lumbar spine spondylolisthesis with degenerative disc disease and entitlement to a total rating based upon individual unemployability (TDIU), but denied a rating in excess of 20 percent for right lower extremity radiculopathy.
- Granted
The Board has restored the Veteran's original 40 percent rating for his lumbar spine spondylolisthesis with degenerative disc disease, finding that the reduction from 40 to 20 percent was improper due to a failure to consider whether there was actual improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Granted
The Veteran's service-connected disabilities, including lumbar spine spondylolisthesis with degenerative disc disease, left knee strain, and right knee strain, rendered him unable to secure or follow substantially gainful employment as of June 19, 2010. The Board granted a total disability rating based on individual unemployability (TDIU) on an extraschedular basis.
- Granted
The Veteran's claim for a disability rating in excess of 20 percent for lumbar spine spondylolisthesis with degenerative disc disease was denied. The Veteran's claim for TDIU on an extraschedular basis prior to December 21, 2012 is remanded.
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.