The Veteran's claim for higher ratings for his degenerative disc disease of the lumbar spine was denied across multiple stages, with the RO finding that the disability did not meet or approximate the criteria for a rating in excess of 20 percent prior to May 17, 2010 and from August 1, 2010 to October 4, 2011. For the period after October 5, 2011, the disability did not meet or approximate the criteria for a rating in excess of 40 percent.
The deciding factor: The Veteran's lumbar spine degenerative disc disease was characterized by complaints of pain radiating into his lower extremities and limitation of thoracolumbar motion. However, no ankylosis of any portion of the spine was shown, there have been no separately-ratable manifestations of lumbar spine disability other than the service-connected radiculopathy of each lower extremity for which separate ratings have already been assigned, and there has been no evidence of more than four weeks of bed rest prescribed by a physician for incapacitating episodes of IVDS.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 24, 2012
- Citation
- 1218599
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 1218599.
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 has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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