The Veteran's claim for an increased evaluation in excess of 40 percent for his service-connected lumbar degenerative disc disease from November 25, 2009 was denied. The evidence did not meet the criteria for a higher rating.
The deciding factor: The medical evidence showed that the Veteran had forward flexion to 30 degrees or less, which warranted a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine. However, there was no ankylosis of the thoracolumbar spine, and no neurologic abnormality.
- Claimed conditions
- lumbar degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 26, 2010
- Citation
- 1015216
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 1015216.
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 rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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