The Veteran's service-connected degenerative disc disease of the lumbosacral spine is not manifested by ankylosis and does not warrant a higher rating as there are no records indicating at least six weeks of incapacitating episodes with physician-prescribed bed rest during a twelve-month period.
The deciding factor: The evidence shows that the Veteran's degenerative disc disease of the lumbosacral spine has not resulted in ankylosis and does not meet the criteria for a higher rating under Diagnostic Code 5242 due to lack of incapacitating episodes with prescribed bed rest as required by Note (1).
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 7, 2012
- Citation
- 1230658
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 1230658.
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 Veteran's claims for increased ratings for left ankle and lumbosacral spine disabilities were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Denied
The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
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