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Denied

The Veteran's service-connected degenerative joint disease of the lumbar spine with radiculopathy and spondylolisthesis is not productive of incapacitating episodes of at least six weeks, nor does it meet criteria for ankylosis. Therefore, a rating in excess of 40 percent is denied.

The deciding factor: The Veteran's degenerative joint disease of the lumbar spine with radiculopathy and spondylolisthesis has not been shown to result in incapacitating episodes of at least six weeks or ankylosis, which are required for a higher rating under the applicable diagnostic codes.

Claimed conditions
Degenerative Joint Disease of the Lumbar Spine with Radiculopathy and Spondylolisthesis
How they argued it
Direct service connection
Exposure basis
None
Rating assigned
40%
Decision date
September 27, 2012
Citation
1233682

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 1233682.

What this means for you

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