The Veteran's lumbar spine disability was not shown to meet the criteria for a rating greater than 20 percent from August 17, 2005 to October 1, 2008. For the time period since October 2, 2008, the disability did not result in ankylosis or incapacitating episodes of IVDS having at least 6 weeks' duration during any 12-month period.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine due to lack of forward flexion, ankylosis, or chronic neurologic manifestations of IVDS.
- Claimed conditions
- multilevel degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 24, 2010
- Citation
- 1019187
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 1019187.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
- Granted
The Board granted earlier effective dates for the initial 20 percent and subsequent 40 percent ratings for service-connected multilevel degenerative disc disease of the lumbar spine, as well as for service connection for right and left lower extremity radiculopathies.
- Granted
The Veteran is granted a total disability rating based on unemployability due to service-connected disabilities prior to March 29, 2018. The issue of entitlement to a TDIU from March 29, 2018 was dismissed as moot.
- Dismissed
The Veteran withdrew his appeal for the initial evaluations of his spine and radiculopathy conditions. The Board dismissed the case as a result.
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