The Veteran's claim for higher ratings for his service-connected degenerative disk disease of the lumbar spine was denied. The initial rating prior to May 9, 2017 is granted at 40 percent, but no higher. From May 9, 2017 onwards, a rating higher than 40 percent is not warranted.
The deciding factor: The Veteran's symptoms did not meet the criteria for an increased rating based on his range of motion and functional loss due to pain during flare-ups. The Board found that he had flexion to 18 degrees or less, which met the criteria for a 40 percent rating prior to May 9, 2017.
- Claimed conditions
- Degenerative Disk Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 12, 2018
- Citation
- 1809127
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 1809127.
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 a new VA examination to assess the severity of his PTSD and another VA examination to evaluate the impact of his service-connected disabilities on his employability.
- Granted
The Veteran's current low back disability, diagnosed as degenerative disk disease of the lumbar spine, is related to his active duty military service and the Board has granted service connection for this condition.
- Remanded (sent back)
The Veteran's appeal is being remanded for further development of the evidence, including obtaining updated medical records and addressing issues related to service connection and increased ratings.
- Denied
The Veteran's combined rating for service-connected disabilities was 70 percent from September 19, 2003 to July 24, 2007. The claimant contends that he should have received a higher combined rating prior to this date.,The Veteran is seeking an increased rating for his headaches and peripheral neuropathy of the right foot.
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