The Veteran's claim for a higher rating for DDD of the lumbar spine prior to February 4, 2009 was denied. The Board found that his symptoms did not meet the criteria for a compensable evaluation based on limitation of motion or incapacitating episodes. For the period since February 4, 2009, the Veteran's claim for GERD service connection was remanded.
The deciding factor: The VA examiner found no objective findings of radiculopathy in the right lower extremity and opined that the Veteran's current right leg pain was secondary to his DDD of the lumbar spine. However, there were conflicting opinions from other medical providers regarding the presence of radiculopathy.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Gastroesophageal reflux disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 19, 2010
- Citation
- 1031191
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 1031191.
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.
- Remanded (sent back)
The Board remands the matters for additional development, including obtaining private treatment records and conducting VA examinations.
- Partly granted
The Board granted service connection for cirrhosis, hepatitis C, hepatocellular carcinoma, gastroesophageal reflux disease (GERD), gastritis, Barrett's esophagus, and obstructive sleep apnea but dismissed the claim for an acquired psychiatric disability.
- Partly granted
The Board denied the claims for an initial compensable rating for left ear sensorineural hearing loss, service connection for a right ear hearing loss disability, and a left eye disorder. However, it granted service connection for a back disability and radiculopathy of both lower extremities as secondary to the back disability.
- Denied
The Board denied the veteran's claims for increased ratings for PTSD and bilateral hearing loss, as well as service connection for kidney disease, GERD, bilateral knee condition, and bilateral arm condition. The TDIU claim was remanded.
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