The Veteran's lumbar osteoarthritis and degenerative disc disease with compressive neuropathy at L5-S1 and IVDS is currently rated as 40 percent disabling, effective February 11, 2009. The Board denied a higher rating based on the lack of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for an evaluation in excess of 40 percent as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant such a rating.
- Claimed conditions
- lumbar osteoarthritis, degenerative disc disease with compressive neuropathy at L5-S1 and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 20, 2019
- Citation
- A19001453
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 A19001453.
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.
- Partly granted
The Board has dismissed the Veteran's claims for earlier effective dates and remanded several issues related to service connection, rating increases, and unemployability.
- Partly granted
The Board denied an initial rating in excess of 20 percent for lumbar osteoarthritis and remanded the claims for service connection for depression, a neck disorder, and obstructive sleep apnea.
- Granted
The Board has granted service connection for lumbar osteoarthritis and has remanded the issue of service connection for atrial fibrillation as secondary to hypertension.
- Granted
The Veteran's lumbar osteoarthritis is granted as secondary to service-connected lumbar strain. The right shoulder tendinitis and bursitis are denied due to lack of evidence linking it to the service-connected conditions.
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