The Veteran's claim for a higher rating for her lumbar spine disability is granted from October 8, 2008 to January 20, 2016. The issue of TDIU prior to July 20, 2012 remains denied.
The deciding factor: The Veteran's back disability was found to approximate a 40% rating throughout the appeal period but not higher due to lack of ankylosis or IVDS episodes meeting criteria for increased ratings. The TDIU claim is denied as her service-connected disabilities did not prevent all substantially gainful employment prior to July 20, 2012.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Reactive airway disease/asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 27, 2018
- Citation
- 18122104
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 18122104.
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 Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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