The Veteran's low back disability, not including sciatica of both lower extremities, is currently rated at 40 percent and does not warrant a higher rating as there are no symptoms consistent with pronounced intervertebral disc syndrome or unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's low back disability has been consistently evaluated under direct service connection criteria, without any indication of secondary service connection for sciatica or other neurological manifestations. The current rating is based on symptoms consistent with a moderate to severe chronic low back pain condition that does not meet the criteria for higher ratings.
- Claimed conditions
- lumbosacral spondylolisthesis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 13, 2012
- Citation
- 1224441
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 1224441.
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.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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