The Veteran's lumbar spine disability did not meet the criteria for a higher initial rating as it did not result in forward flexion of the thoracolumbar spine less than 60 degrees, or combined ranges of motion less than 120 degrees.
The deciding factor: The Veteran's lumbar spine disability did not cause any incapacitating episodes and had normal gait and no abnormal spinal contour.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 7, 2011
- Citation
- 1141321
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 1141321.
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.
- Granted
The Veteran's low back disability with radiculopathy was rated at 20 percent prior to February 18, 2009 and is now rated at 40 percent from that date.
- Denied
The veteran's combined disability rating is 30 percent, which does not meet the criteria for a permanent and total disability rating for pension purposes.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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