The Veteran's low back disability, specifically degenerative disc disease (DDD) of the lumbar spine, is currently rated at 40 percent and associated left leg radiculopathy at 20 percent. These ratings are based on the severity of his disabilities as determined by VA examinations.,The Veteran does not have unfavorable ankylosis of his entire thoracolumbar spine and has experienced no incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, which is why he cannot be granted higher initial ratings for these conditions.
The deciding factor: The Veteran's low back disability does not meet the criteria for an increased rating as it does not involve unfavorable ankylosis or incapacitating episodes of at least 6 weeks duration.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Associated Left Leg Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 15, 2013
- Citation
- 1315961
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 1315961.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
- Granted
The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.
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