The Board has denied the Veteran's claim for a disability rating in excess of 40 percent for post-operative degenerative disc disease of the lumbar spine. The TDIU claim prior to June 2, 2009 is also denied.
The deciding factor: There is no evidence of unfavorable ankylosis of the thoracolumbar spine throughout the period on appeal, and the Veteran's post-operative degenerative disc disease does not more nearly approximate a level of disability that would warrant a higher rating under any applicable diagnostic code.
- Claimed conditions
- post-operative degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 21, 2017
- Citation
- 1759408
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 1759408.
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 Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and SSA records. The TDIU claim will also be addressed.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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