The Veteran's service-connected lumbar spine degenerative disc disease has not resulted in ankylosis or functional losses tantamount to ankylosis, and evaluating the disability based on incapacitating episodes would at no point during the relevant time period result in a rating greater than that which is currently assigned for the separately evaluated orthopedic and neurologic manifestations of his degenerative disc disease when all disabilities are combined under 38 C.F.R. § 4.25.
The deciding factor: The Veteran's lumbar spine disability does not meet or approximate criteria for a higher rating based on ankylosis, as he has motion in all relevant directions and his thoracolumbar spine is not fixed in flexion or extension. The Veteran also did not experience incapacitating episodes of intervertebral disc syndrome that required bed rest prescribed by a physician and treatment by a physician over the past 12 months.
- Claimed conditions
- lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 14, 2016
- Citation
- 1610091
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 1610091.
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 decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Dismissed
The Veteran has withdrawn his appeals for increased disability ratings in excess of 20 percent for lumbar spine degenerative disc disease and right shoulder labral tear, including superior labral anterior-posterior lesion. The appeal is dismissed.
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