The Veteran's lumbar spine DDD has been rated at 40 percent since July 5, 2007. For the period beginning February 22, 2012, a rating of 60 percent for lumbar spine DDD is granted. Ratings of 30 percent are assigned for right and left knee patellofemoral syndrome.
The deciding factor: The Veteran's lumbar spine DDD has been rated at 40 percent since July 5, 2007 due to the lack of unfavorable ankylosis or incapacitating episodes. Effective February 22, 2012, a higher rating is granted as there are now incapacitating episodes with total duration of six weeks during a 12-month period.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Right knee patellofemoral syndrome (right knee disability), Left knee patellofemoral syndrome (left knee disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 25, 2013
- Citation
- 1333728
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 1333728.
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.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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