The Veteran's lumbar degenerative disc and joint disease has not met the criteria for a rating in excess of 40 percent since October 12, 2005.
The deciding factor: The Veteran’s symptoms have not resulted in unfavorable ankylosis of the entire thoracolumbar spine, incapacitating episodes of intervertebral disc syndrome with total duration of at least six weeks during the past 12 months, or constant or nearly constant orthopedic and neurologic signs and symptoms resulting from intervertebral disc syndrome.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 29, 2012
- Citation
- 1240846
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 1240846.
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 Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Whole decision: Granted
The July 2024 rating decision granted service connection for degenerative disc disease of the lumbar spine and radiculopathy of the bilateral lower extremities, with initial ratings of 10 percent each. The past-due benefits awarded are contested.
- Whole decision: Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Whole decision: Denied
The Veteran's claim for a compensable evaluation for GERD is denied as there was no evidence of symptomatology warranting such a rating prior to May 19, 2024.,The Veteran's claim for an increased evaluation for PTSD is denied as the record does not show worsening symptoms within one year before December 31, 2021.,The Veteran's claims for service connection for radiculopathy of the bilateral lower and upper extremities are denied as there was no evidence of such conditions within a year prior to December 31, 2021.,There is no effective date earlier than December 31, 2021, for any of these claims.
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