The Veteran's lumbar spine disability is currently rated at 20 percent, the maximum schedular rating available. The evidence does not support a higher rating based on additional functional loss or incapacitating episodes of intervertebral disc syndrome.
The deciding factor: The VA examinations do not document forward flexion of 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring prescribed bed rest by a physician. The Veteran's symptoms are adequately addressed under the current rating criteria for his lumbar spine disability.
- Claimed conditions
- Degenerative disc disease lumbosacral spine, Disc herniation lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 5, 2015
- Citation
- 1546988
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 1546988.
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 Veteran's claim for an initial disability rating in excess of 40 percent for a back disability is being remanded due to the need for a VA examination that complies with Correia v. McDonald (28 Vet. App. 158, 2016).
- Remanded (sent back)
The Veteran's lumbar spine condition is rated at 10 percent prior to August 20, 2019 and denied for a higher rating. Since August 20, 2019, the Veteran's condition is rated at 40 percent and also denied for a higher rating. The Board has remanded issues regarding service connection for shoulder conditions and cervical spine.
- Granted
The Veteran's service-connected disabilities, including right hip arthritis with hip joint replacement and left hip trochanteric, bursitis, degenerative arthritis, and prosthetic left hip joint, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU based on his combined disability rating of 100 percent.
- Granted
The Board has determined that the Veteran's degenerative disc disease of the lumbosacral spine is at least as likely as not caused by his service-connected right knee condition, and thus grants service connection for this disability.
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