The Veteran's claim for a higher rating for his degenerative disc disease of the lumbosacral spine was denied. The current rating of 40 percent is based on findings from an August 2005 VA examination, which showed forward flexion to 75 degrees and no unfavorable ankylosis.
The deciding factor: The Veteran's disability did not meet or approximate the criteria for a higher schedular rating under Diagnostic Code 5237 due to his current range of motion findings (forward flexion to 75 degrees) which are within normal limits.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 3, 2010
- Citation
- 1029074
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 1029074.
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 Veteran's DDD of the lumbosacral spine is now rated at 40 percent effective December 22, 2010.
- Remanded (sent back)
The Board vacated part of its decision denying a rating in excess of 10 percent for service-connected DDD of the lumbosacral spine, and remanded it due to a lack of contemporaneous examination. The claim is now pending again.
- Partly granted
The Veteran was awarded a 10% rating for DDD of the lumbosacral spine effective August 16, 2018. However, he did not receive proper notice of a scheduled VA examination in June 2000 and his service connection claim is still pending.
- Granted
The Veteran's DDD of the lumbosacral spine is granted a higher evaluation to 40 percent. The evaluations for bilateral lower extremity radiculopathy remain at 10 percent.
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