The Veteran's claim for a disability rating greater than 40 percent for lumbar spine DJD and DDD was denied as there has been no ankylosis, unfavorable or otherwise, of the thoracolumbar or entire spine during the appeal period. The Veteran's TDIU claim is addressed in the REMAND portion.
The deciding factor: The criteria for a disability rating greater than 40 percent for lumbar spine DJD and DDD have not been met as there has been no ankylosis, unfavorable or otherwise, of the thoracolumbar or entire spine during the appeal period.
- Claimed conditions
- lumbar spine degenerative joint disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 20, 2010
- Citation
- 1035348
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 1035348.
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 has remanded the claim for service connection of a lumbar spine disability due to inadequate compliance with prior remand directives and the need for additional VA medical opinions.
- Denied
The Board denied the Veteran's claims for service connection of bilateral lower extremity radiculopathies and an increased rating for his lumbar spine disability. The Board found that there was no evidence to support a finding of secondary service connection, and also concluded that the current ratings were appropriate.
- Remanded (sent back)
The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment, and his TDIU claim is granted effective September 13, 2018. The issue of an initial rating in excess of 20 percent for lumbar spine DDD and disc disease with compression fracture at L4 is remanded.
- Granted
The Board has determined that the Veteran's lumbar spine DJD and DDD are service connected.,The Board has also determined that the Veteran's peripheral neuropathy of the right lower extremity is secondary to his now service-connected lumbar spine DJD and DDD. ,Similarly, the Board has determined that the Veteran's peripheral neuropathy of the left lower extremity is also secondary to his now service-connected lumbar spine DJD and DDD.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.