The Veteran's service-connected lumbar spine disability has not been found to warrant an increased rating beyond the current 40 percent evaluation.
The deciding factor: The evidence does not show that the Veteran's lumbar spine disability is productive of unfavorable ankylosis or incapacitating episodes meeting the criteria for a higher rating under Diagnostic Codes 5243 and 4.71a, respectively.
- Claimed conditions
- degenerative changes of the lumbar spine, radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 12, 2010
- Citation
- 1042505
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 1042505.
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 Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Granted
The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.
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