The Veteran's degenerative disc disease of the lumbar spine and associated sciatica have been rated at 40 percent since April 1, 2006. The Board finds that a higher rating is not warranted based on the evidence.
The deciding factor: The Veteran’s symptoms do not meet or approximate criteria for a higher disability rating under any applicable diagnostic code.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Laminectomy with fusion at L5/S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2019
- Citation
- 19100870
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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