The Board found that the appellant's degenerative disc disease of the lumbar spine did not warrant an initial evaluation in excess of 10 percent prior to April 17, 2009.
The deciding factor: The VA examinations and treatment records showed that the appellant had limited range of motion but no significant deformity or ankylosis, which precluded a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 11, 2010
- Citation
- 1021722
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 1021722.
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.
- Denied
The Board denied the claim for an initial rating in excess of 30 percent for posttraumatic stress disorder due to a lack of new and relevant evidence, and remanded the claim for an increased rating for degenerative disc disease of the lumbar spine for further development.
- Granted
The Board granted earlier effective dates and higher initial ratings for degenerative disc disease of the lumbar spine, service connection for polysubstance abuse disorder secondary to a service-connected disability, and a TDIU.
- Partly granted
The Board granted service connection for GERD and increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The appeal for a compensable initial rating for COPD and scar of the left shoulder was withdrawn. Other appeals were denied.
- Denied
The Veteran's request to revise or reverse a January 20, 2015, rating decision that denied service connection for obstructive sleep apnea (OSA) on the basis of clear and unmistakable error was denied. The Board also remanded entitlement to service connection for degenerative disc disease of the lumbar spine.
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