The Veteran's claim for higher ratings for his lumbar spine DDD and associated RLE radiculopathy was denied. The initial rating of 20 percent has been granted, effective from August 13, 2015.
The deciding factor: The evidence did not show that the Veteran met the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine (General Rating Formula) or Diagnostic Code 8520 for radiculopathy. The motion on forward flexion was greater than 0 to 30 degrees, which is below the threshold for a higher rating.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Lumbar radiculopathy, right lower extremity (RLE)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 9, 2016
- Citation
- 1646282
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 1646282.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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