The Veteran's degenerative disc disease of the lumbar spine is currently rated as 40 percent disabling effective July 27, 2016. Prior to this date, a higher rating was not warranted.,For his TBI with post-concussive headaches, a separate 30 percent evaluation for migraines prior to July 27, 2016 is granted and no higher since then.
The deciding factor: The Veteran's degenerative disc disease of the lumbar spine did not meet or approximate criteria for an increased rating under Diagnostic Code 5242. The evidence showed flexion greater than 30 degrees prior to July 27, 2016 and no ankylosis since then.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Traumatic brain injury with post-concussive headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 1, 2018
- Citation
- 1806412
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 1806412.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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