The Veteran's lumbar spine DDD was granted an initial rating of 20 percent prior to November 29, 2011 and a higher 40 percent rating on and after that date. The Veteran also received separate ratings for bilateral lower extremity radiculopathy.
The deciding factor: The VA examinations showed the Veteran's lumbar spine DDD did not more nearly approximate flexion limited to 30 degrees or less, nor ankylosis, prior to November 29, 2011. From that date onward, there were no incapacitating episodes and the symptoms did not more nearly approximate unfavorable ankylosis of the thoracolumbar or entire spine.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 10, 2013
- Citation
- 1322070
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 1322070.
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.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error regarding the service connection for left lower extremity radiculopathy, including as aggravated by service-connected lumbar spine degenerative disc disease (DDD).
- Granted
The Veteran's service-connected lumbosacral spine disability, including spondylosis, lumbar spine degenerative disc disease (DDD), facet joint arthritis, and L4-5 disc bulge, is now rated at 40 percent effective June 11, 2019.
- Denied
The Board has denied the Veteran's requests to appeal the May 12, 2023 rating decision that granted service connection for bilateral hearing loss and denied service connection for lumbar spine DDD, left heel injury, and right knee injury. The reasons given were that the appeals were not timely filed.
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