The Veteran's degenerative joint and disc disease of the lumbar spine is currently rated at 40 percent, effective May 17, 2012. The evidence does not support a higher rating based on unfavorable ankylosis or incapacitating episodes.
The deciding factor: The VA examination in May 2012 did not show unfavorable ankylosis of the entire thoracolumbar spine and there were no documented incapacitating episodes during the past 12 months.
- Claimed conditions
- Degenerative Joint and Disc Disease Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 13, 2018
- Citation
- 1809002
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 1809002.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to issues related to his lumbar spine disability, radiculopathy of the lower extremities, and unemployability.
- Remanded (sent back)
The Board has remanded the case due to deficiencies in the February 2018 decision, including not providing analysis for a separate rating for a neurologic abnormality and inconsistencies in the analysis of evidence from May 17, 2012. The Veteran must be afforded another examination with a physician to assess his lumbar spine disability and any neurological manifestations.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- 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.
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