The Veteran's service-connected degenerative disc disease of the lumbar spine and associated radiculopathy have been rated at 20 percent prior to September 17, 2015, and 40 percent therefrom. The Board finds that these ratings adequately reflect the severity of his disability.
The deciding factor: The clinical findings do not support a higher rating as they consistently show forward flexion of the lumbar spine greater than 30 degrees but not less than 60 degrees, which is consistent with the current 20 percent and 40 percent ratings under Diagnostic Code 5243.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Radiculopathy of the left lower extremity associated with degenerative disc disease of the lumbar spine, Radiculopathy of the right lower extremity associated with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2019
- Citation
- 19102157
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.
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.