The Veteran's service-connected degenerative disc disease of L5-S1 with fusion and chronic low back strain is currently rated at 40 percent, effective January 12, 2006. The Board found that the disability does not warrant a higher evaluation as there was no evidence of ankylosis or incapacitating episodes.
The deciding factor: The Veteran's degenerative disc disease and chronic low back strain do not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as they do not demonstrate unfavorable ankylosis of the entire spine or favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Degenerative disc disease of L5-S1 with fusion, Chronic low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 16, 2010
- Citation
- 1046980
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 1046980.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for chronic low back strain and degenerative arthritis of the left wrist, as well as his claim for TDIU due to service-connected disabilities. The appeals are being remanded for additional examinations and consideration.
- Remanded (sent back)
The Board has remanded the cases for further development due to inconsistencies in prior examinations and insufficient information regarding the Veteran's disability picture.
- Denied
The Veteran's service-connected back and skin disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.
- Remanded (sent back)
The Board has remanded the claims of entitlement to increased ratings for degenerative arthritis of the left wrist and chronic low back strain due to inadequate examination reports that did not address the Veteran's reported flare-ups.
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