The Veteran's service-connected degenerative disc disease, lumbar spine, with L5-S1 annular tear and intervertebral disc syndrome of the sciatic nerve S1 are currently rated at 10 percent each. The Board finds that a higher rating is not warranted under the applicable schedular criteria.
The deciding factor: The Veteran's range of motion for his lumbar spine does not meet the criteria for a higher disability rating, and there were no incapacitating episodes related to intervertebral disc syndrome during the past 12 months. The current ratings are already taking into account additional functional loss due to repetitive use.
- Claimed conditions
- Degenerative Disc Disease, Lumbar Spine, Intervertebral Disc Syndrome of Sciatic Nerve S1, Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 7, 2011
- Citation
- 1104894
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 1104894.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's back disability was rated at 10 percent from August 31, 2009, to February 18, 2010, and May 1, 2010, to October 9, 2019. After October 9, 2019, the Veteran's disability was rated at 20 percent.,The Veteran is seeking a higher rating for his back disability after October 9, 2019.
- Denied
The Veteran's degenerative disc disease, lumbar spine is currently rated at 20 percent and the Board finds that a higher rating is not warranted based on the evidence of record. The Veteran’s forward flexion was found to be up to 40 degrees with pain in the December 2019 VA examination.
- Remanded (sent back)
The Veteran's claims for increased ratings are being remanded due to the need for additional examinations to assess the severity of his service-connected disabilities.
- Remanded (sent back)
The Board has determined that additional medical examinations are needed to assess the current severity of the Veteran's service-connected conditions, including adjustment disorder with mixed anxiety and depressed mood, degenerative disc disease lumbar spine, left lower extremity radiculopathy, right lower extremity radiculopathy, and left ankle lateral collateral ligament sprain with osteoarthritis. The Board has also determined that a remand is necessary for the issue of entitlement to a total disability rating based on individual unemployability prior to May 9, 2016.
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