The Veteran's claims for increased ratings and a compensable rating were denied. The intervertebral disc syndrome was rated at 20 percent, the painful scar at 10 percent, and the postoperative scar associated with IVDS remains noncompensably rated.
The deciding factor: The evidence did not meet the criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), lumbar spine, Painful scar, status post lumbar surgery, Postoperative scar associated with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 18, 2019
- Citation
- 19119101
Veterans Law Judge
Decisions by this judge: 1,429 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19119101.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for intervertebral disc syndrome (IVDS), lumbar spine, and bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected bilateral knee disabilities.
- Partly granted
The Board granted ratings of 10 percent for allergic rhinitis, 30 percent for carpal tunnel syndrome (CTS) right upper extremity, and 30 percent for gastroesophageal reflux disease (GERD), while denying a rating in excess of 70 percent for depressive disorder. The IVDS lumbar spine was granted a 40 percent rating, with separate ratings of 20 percent each for the left and right lower extremities.
- Granted
The Board granted restoration of service connection for intervertebral disc syndrome and left lower extremity radiculopathy, finding that the original decisions to sever these conditions were improper.
- Denied
The Veteran's claim for an earlier effective date for the award of a 40 percent rating for IVDS prior to October 13, 2016 was denied. The Veteran did not file a timely appeal after the November 2011 decision.,The Veteran's claim for service connection for left second toe scar is dismissed as he did not file a timely appeal of the December 2009 rating decision that granted service connection with an effective date of November 26, 2008.,The Veteran's claim for a compensable rating for erectile dysfunction was denied. The evidence does not show penile deformity or other impairment associated with erectile dysfunction.,The Veteran's claim for a higher rating for IVDS is denied as the evidence does not show ankylosis of the thoracolumbar spine, and there are no incapacitating episodes meeting the criteria for a 60 percent rating under the Formula for Rating IVDS Based on Incapacitating Episodes.,The Veteran's claim for TDIU based on service-connected disabilities is granted as his education and work history prevented him from performing employment duties due to his service-connected disabilities.,The Veteran's claims for bilateral hip disability, right ear hearing loss, PTSD, joint condition, and dental condition are remanded as new evidence has been submitted that may reopen these previously denied claims.,The Veteran's claim for a compensable rating for right ear hearing loss is remanded as new evidence has been submitted that may reopen this previously denied claim.
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