The Veteran's service-connected degenerative disc and joint disease of the lumbar spine is not productive of unfavorable ankylosis or incapacitating episodes, but does result in moderate incomplete paralysis of the sciatic nerve.,During the entire appellate period, the Veteran's service-connected degenerative disc and joint disease of the lumbar spine results in neurologic impairment of both lower extremities.
The deciding factor: The Veteran's disability is not productive of unfavorable ankylosis or incapacitating episodes requiring physician-prescribed bed rest. The neurologic impairment does result in moderate incomplete paralysis of the sciatic nerve, but does not meet the criteria for a higher rating.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 1, 2011
- Citation
- 1144128
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 1144128.
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 Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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