The Veteran's claims for higher ratings for his service-connected DDD of the lumbar spine and OA of the left ankle were denied. The DDD of the lumbar spine is currently rated at 40 percent, which is the maximum schedular rating available under the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The Veteran's DDD of the lumbar spine did not meet the criteria for a higher evaluation as it did not result in unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome. The OA of the left ankle was productive of anklyosis, but no degrees of plantar flexion and dorsiflexion were present.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Osteoarthritis (OA) of the left ankle
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2011
- Citation
- 1104868
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 1104868.
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.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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