The Veteran's lumbar spine DDD with IVDS is granted an initial rating of 40 percent, but no higher. The issue of entitlement to a TDIU is remanded for further development.
The deciding factor: The evidence was at least evenly balanced as to whether the symptoms of the Veteran’s lumbar spine disability more nearly approximated flexion limited to 30 degrees or less for the entirety of the appeal period, and thus a higher rating was granted.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 1, 2019
- Citation
- 19134044
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 19134044.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent rating for the low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy from July 6, 2022. Service connection was denied for a cervical spine disorder.
- Remanded (sent back)
The Board vacated its November 30, 2023 decision and remanded several claims for further development.
- Dismissed
The Board has dismissed the Veteran's appeals for earlier effective dates because the VA Form 10182 Decision Review Request: Board Appeal (NOD) was not timely or valid, and thus did not comply with claims-processing rules.
- Remanded (sent back)
The Board has remanded the claims for additional medical opinions to determine the extent of the Veteran's lumbar spine disability during the period from November 2011 to November 2021, and for consideration of entitlement to TDIU.
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