The Veteran's claim for increased ratings for his service-connected DDD of the lumbar spine and radiculopathy to the left lower extremity secondary to DDD was denied. The VA examiner found that during the appeal period, the Veteran had at worst thoracolumbar spine flexion to 70 degrees with objective evidence of painful motion and no evidence of ankylosis, incapacitating episodes of intervertebral disc syndrome (IVDS), or bowel or bladder impairment.
The deciding factor: The VA examiner found that the Veteran's DDD did not meet the criteria for a higher rating as his flexion was to at most 70 degrees with painful motion beginning at 70 degrees, which is within the range of normal forward flexion (0-90 degrees).
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 10, 2015
- Citation
- 1509932
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 1509932.
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.
- 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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