The Veteran's lumbar spine disability was initially rated at 20 percent prior to October 27, 2017 and increased to 40 percent thereafter. A separate 10 percent rating for left lower extremity radiculopathy effective October 27, 2017 is granted.,The Veteran's lumbar spine disability does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The evidence did not show unfavorable ankylosis or limitation of motion to 30 degrees or less, which are required for a higher rating.
- Claimed conditions
- Degenerative disc disease, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2019
- Citation
- 19102490
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.
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Granted
The Board granted service connection for degenerative disc disease, effective November 21, 2022.
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.