The Veteran's degenerative disc disease with lumbosacral strain has not resulted in unfavorable ankylosis of the entire thoracolumbar spine, and no incapacitating episodes have occurred. Therefore, a rating higher than 40 percent is denied.
The deciding factor: The VA examination did not find any evidence of unfavorable ankylosis or incapacitating episodes that would warrant a higher rating under Diagnostic Codes 5237-5295 for diseases and injuries of the spine.
- Claimed conditions
- Degenerative disc disease with lumbosacral strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 29, 2011
- Citation
- 1128356
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 1128356.
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 Board remands the claims for increased ratings for degenerative disc disease with lumbosacral strain and lateral collateral ligament sprain of the left ankle to ensure a more accurate assessment of the severity of these disabilities.
- Denied
The Board denied service connection for various conditions and denied an increased rating for degenerative disc disease with lumbosacral strain.
- Granted
The Board has restored the Veteran's original 40 percent rating for degenerative disc disease with lumbosacral strain, effective January 8, 2021. The appeal was not about service connection but rather a reduction in rating.
- Remanded (sent back)
The Veteran's claims for increased ratings for degenerative disc disease with lumbosacral strain are remanded due to inconsistencies in the May 2023 VA examination report and the need for further development, including obtaining findings related to flare-ups of her lumbar spine condition.
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