The Veteran's DDD of the lumbar spine is currently rated at 20 percent, effective September 16, 2002. The Board found that for the period from September 16, 2002 to September 9, 2009, and for the period from December 1, 2009 onwards, the Veteran's DDD of the lumbar spine is manifested by subjective complaints of muscle spasm and chronic, persistent back pain and pain on motion and use, which produces limitation of thoracolumbar motion from functional loss due to pain. The criteria for an evaluation above 20 percent have not been met.
The deciding factor: The Veteran's DDD of the lumbar spine did not result in unfavorable ankylosis or incapacitating episodes sufficient to warrant a higher rating under any applicable diagnostic code.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 16, 2012
- Citation
- 1213942
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 1213942.
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.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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