The Board has determined that the Veteran's service-connected degenerative disc disease of the lumbar spine with spondylolisthesis does not meet or approximate the criteria for a disability rating in excess of 20 percent prior to December 2, 2010 and does not meet or approximate the criteria for a disability rating in excess of 40 percent beginning from December 2, 2010.
The deciding factor: The evidence shows that the Veteran's degenerative disc disease of the lumbar spine with spondylolisthesis did not result in limitation of flexion to 30 degrees or less, unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc syndrome requiring bed rest having a total duration of at least four weeks during any prior 12 month period, or associated neurologic impairment involving parts other than the low back.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 13, 2012
- Citation
- 1238694
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 1238694.
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 to remand the claim for a VA examination due to concerns about the accuracy of the previous examination report, specifically regarding the use of a goniometer.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a need for an addendum opinion regarding the relationship between the Veteran's service-connected lumbar spine disability and his urinary incontinence.
- Whole decision: Remanded (sent back)
The Veteran's low back disability is currently rated at 50 percent from October 1, 2011. The Board has remanded the case for further development due to issues with his TDIU claim and the need for additional evidence regarding his low back disability.
- Whole decision: Denied
The Veteran's degenerative disc disease of the lumbar spine with spondylolisthesis is rated at 10 percent prior to October 30, 2016 and at 40 percent thereafter. The Veteran's bilateral knee conditions are each rated at 10 percent.,The Veteran’s degenerative joint disease of the left knee is rated at 10 percent.,The Veteran’s degenerative joint disease of the right knee is rated at 10 percent.
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