The Veteran's low back disability, rated at 40 percent prior to May 15, 2012, does not meet the criteria for a higher rating from that date.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes due to intervertebral disc syndrome sufficient to warrant a higher evaluation.
- Claimed conditions
- Low back pain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 8, 2014
- Citation
- 1430697
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 1430697.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board found that the severance of service connection for spinal stenosis, low back pain with degenerative disc disease, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity was improper due to conflicting medical opinions. The Veteran's conditions were linked to his service-connected myelodysplastic syndrome (MDS) but also potentially related to exposure to contaminated water at Camp Lejeune.
- Granted
The Board has determined that the appellant's low back pain with degenerative disc disease warrants a rating of 40 percent prior to May 15, 2012.
- Denied
The Board finds that the veteran's claim for an earlier effective date for service connection of low back pain with degenerative disc disease is denied as there is no evidence of a prior claim. The appeal for PTSD was dismissed due to withdrawal by the appellant.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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