The Veteran's claim for a rating in excess of 40 percent for lumbar DDD with chronic lumbar strain was denied as the evidence did not show that his disability warranted such a higher rating.
The deciding factor: The Veteran's symptoms, including pain and limited range of motion, were consistent with a 40% rating based on forward flexion limited to 50 degrees with pain beginning at 20 degrees. There was no ankylosis or incapacitating episodes of intervertebral disc syndrome.
- Claimed conditions
- lumbar degenerative disc disease (DDD), chronic lumbar strain, lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 22, 2011
- Citation
- 1142911
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 1142911.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Granted
The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.
- Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
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