The Veteran's initial claim for a higher rating for his service-connected lumbar spine disability was granted in April 2006, with an initial evaluation of 10 percent effective January 31, 2006. In June 2010, the RO increased the Veteran's disability evaluation to 20 percent under Diagnostic Code 5243 (intervertebral disc syndrome), effective August 13, 2008.,The Veteran has a separate compensable neurologic abnormality affecting his right leg that is associated with his service-connected lumbar spine disability. The issue of TDIU remains pending.
The deciding factor: The Veteran's lumbar spine disability was found to be productive of painful limitation of motion, diffuse tenderness in the lumbar spine, slow gait, and additional severe functional impairment due to pain and flare-ups as of December 30, 2010.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the lumbar spine, Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 14, 2012
- Citation
- 1231767
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 1231767.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 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.
- 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.
- 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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