The Veteran's service-connected degenerative disc disease with lumbar strain is currently rated at 40 percent, effective June 11, 2007. The Board finds that the evidence does not support a higher rating for this disability.
The deciding factor: The VA examination revealed forward flexion limited to no less than 60 degrees and no evidence of intervertebral disc syndrome (IVDS) or incapacitating episodes requiring treatment and bed rest prescribed by a physician, which do not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease with lumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 28, 2012
- Citation
- 1233934
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. Read the original VA decision (opens in a new tab) using citation 1233934.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has decided the first issue and denied a higher evaluation for DDD with lumbar strain. The second issue of service connection for diabetes type 2 as secondary to service-connected disabilities, including obesity as an intermediate step, is remanded due to pre-decisional duty to assist errors.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for an initial rating in excess of 20 percent for his service-connected lumbar spine and lower extremity radiculopathy disabilities due to pre-decisional duty to assist errors. The issues include degenerative disc disease with lumbar strain, left and right lower extremity radiculopathy of the femoral nerve, left and right lower extremity radiculopathy of the sciatic nerve, and TDIU.
- Whole decision: Denied
The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation, as he was able to secure and maintain employment in the past.
- Whole decision: Granted
The Veteran's lumbar strain is rated at 20 percent, effective July 10, 2017. The Veteran's radiculopathy of the right lower extremity is rated at 10 percent from August 26, 2005.
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