The Veteran's claims for higher evaluations of his service-connected cervical and lumbar spine disabilities, as well as the initial evaluation for his right lower extremity radiculopathy, are denied.,Prior to September 5, 2014, the criteria for an evaluation greater than 20 percent for DDD of the lumbar spine have not been met. Beginning September 5, 2014, the criteria for an evaluation greater than 40 percent for DDD of the lumbar spine have not been met.,The Veteran's initial evaluation for his right lower extremity radiculopathy is denied.
The deciding factor: The medical evidence does not show limitation of forward flexion of the thoracolumbar spine to 30 degrees or less at any point prior to September 5, 2014. The Veteran and his representative have not argued that he has experienced incapacitating episodes of IVDS of 4 weeks or greater.,The medical evidence does not show favorable or unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes of IVDS of 6 weeks or greater during this time period. The Veteran and his representative have not argued that he has experienced such episodes.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 6, 2018
- Citation
- 18147747
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 18147747.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- 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.
- 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.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.