The Veteran's increased disability ratings for lumbar spine DDD and left lower extremity radiculopathy have been denied. The Board found that the evidence did not meet the criteria for an increased rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
The deciding factor: The Veteran's disability ratings were based on the current manifestations of his lumbar spine DDD and left lower extremity radiculopathy, but did not meet the criteria for an increased rating under the applicable VA guidelines due to lack of evidence supporting higher evaluations.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 27, 2019
- Citation
- 19166263
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 19166263.
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.
- Partly granted
The Board denied the veteran's claims for increased ratings and service connection, except for a 20 percent rating for lumbosacral strain.
- Dismissed
The Board dismissed all issues as a matter of law due to a procedural defect in the Veteran's February 2023 VA Form 10182s, which attempted to concurrently elect multiple review options.
- Denied
The appeal regarding the propriety of the award of attorney fees to H.B. was denied, while the issue of reasonableness of the fee award is being remanded for further review.
- Denied
The Board denied the claim for an initial rating in excess of 30 percent for posttraumatic stress disorder due to a lack of new and relevant evidence, and remanded the claim for an increased rating for degenerative disc disease of the lumbar spine for further development.
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.