The Veteran's claim for a higher rating for his service-connected lumbar spine disability was granted, with the highest possible schedular rating of 40 percent. The claim for an extraschedular rating remains pending and will be addressed in further proceedings. His claims for increased ratings for dysthymic disorder and impotence were denied.
The deciding factor: The Veteran's degenerative joint and disc disease of the lumbar spine was rated at the highest possible schedular level (40 percent) under the General Rating Formula for Diseases and Injuries of the Spine, effective since September 23, 2003. The claim for an extraschedular rating remains pending as it is addressed in further proceedings.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2012
- Citation
- 1242890
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 1242890.
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.
- Denied
PTSD, a back condition, and flat feet were not granted service connection prior to October 22, 2008.,The Veteran's claims for these conditions were submitted after the one-year period following separation from active duty.
- Denied
The Veteran's lumbar spine disability was granted a 40% rating for the period prior to November 20, 2010. For the period on appeal, his claim for an increased rating was denied.
- Remanded (sent back)
The Veteran's service-connected lumbar spine and bilateral knee disabilities are remanded for further evaluation due to the potential need for surgical intervention.
- Denied
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.
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