The Veteran's claim for increased ratings for lumbar degenerative disc disease, osteopenia and spondylosis was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable schedular criteria. For right lower extremity radiculopathy and left lower extremity radiculopathy, the Veteran's claim of entitlement to earlier effective dates were also denied as there is no factual basis for an earlier effective date.
The deciding factor: The evidence did not show any unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes over a 12-month period requiring physician-prescribed bed rest, which would have warranted higher ratings under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's functional loss due to pain was considered but did not meet the requirements for a higher disability rating.
- Claimed conditions
- lumbar degenerative disc disease, osteopenia, spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 2, 2017
- Citation
- 1749767
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 1749767.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Remanded (sent back)
The Board has remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
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