The Veteran's service-connected degenerative disc disease of the lumbar spine and retrolisthesis at L5-S1 is currently rated as 40 percent disabling, which meets the criteria for a higher rating. However, there is no evidence of ankylosis or incapacitating episodes that would warrant a higher rating.
The deciding factor: The Veteran's symptoms do not meet the criteria for an increased rating under Diagnostic Code 5243 as he does not have unfavorable ankylosis or at least four weeks of total duration of incapacitating episodes in the past year.
- Claimed conditions
- Degenerative disc disease, Retrolisthesis at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 25, 2013
- Citation
- 1330859
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 1330859.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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