The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease was rated at 20 percent prior to November 14, 2003. From that date forward, the criteria for a higher evaluation were not met. The ratings for radiculopathy of the left and right lower extremities did not meet the criteria for an initial rating greater than 10 percent.
The deciding factor: The Veteran's lumbosacral strain with degenerative arthritis and degenerative disc disease did not meet the criteria for a higher evaluation as it was not manifested by severe limitation of motion, severe intervertebral disc syndrome, or unfavorable ankylosis. The ratings for radiculopathy were also not met due to lack of incapacitating episodes.
- Claimed conditions
- lumbosacral strain with degenerative arthritis and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 21, 2011
- Citation
- 1102611
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 1102611.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of ankylosis or incapacitating episodes. A separate 10 percent rating for radiculopathy in each lower extremity is granted.
- Remanded (sent back)
The Veteran's claim for an increased rating of lumbosacral strain with degenerative arthritis and degenerative disc disease was denied. The Board found that the evidence did not support a higher rating than 40 percent, as there was no evidence of unfavorable ankylosis or other conditions warranting a higher rating. The Veteran's claim for service connection for cervical spine degenerative arthritis is remanded due to a duty-to-assist error.
- Dismissed
The appeal of the proposed reduction in the rating for lumbosacral strain with degenerative arthritis and degenerative disc disease was dismissed as it is not a final action.
- Granted
The Board granted service connection for a lumbosacral strain with degenerative arthritis and degenerative disc disease, resolving doubt in favor of the Veteran.
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