The Veteran's DDD and DJD of the lumbar spine is currently rated at 40 percent, but does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.
The deciding factor: VA regulations require either unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes having a total duration of at least six weeks during the past 12 months to warrant a rating in excess of 40 percent for DDD and DJD of the lumbar spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) and Degenerative Joint Disease (DJD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 10, 2017
- Citation
- 1726099
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 1726099.
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.
- Granted
The Veteran's increased disability ratings for DDD and DJD of the lumbar spine, cervical spine, left shoulder, and tension headaches are granted with an effective date of December 1, 2013.
- Denied
The Veteran's service-connected disabilities did not preclude him from obtaining or retaining substantially gainful employment prior to October 6, 2014.
- Granted
The Veteran's service-connected disabilities are sufficient to bring his combined rating to 90 percent, with at least one disability rated 40 percent or higher; these service-connected disabilities preclude the Veteran from maintaining gainful employment.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including obtaining VA vocational rehabilitation records and scheduling a VA examination to assess the impact of his service-connected disabilities on his employability.
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