The Board denied a rating in excess of 40 percent for the Veteran's lumbar degenerative disc disease with bulging intervertebral disc, finding that the disability did not more nearly approximate unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome.
The deciding factor: The VA examinations showed limited range of motion and no evidence of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome during the appeal period.
- Claimed conditions
- lumbar degenerative disc disease, bilateral lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 11, 2019
- Citation
- 19170211
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. Read the original VA decision (opens in a new tab) using citation 19170211.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Whole decision: Granted
The Board has granted service connection for migraines, lumbar degenerative disc disease with associated lower extremity radiculopathy, and right and left lower extremity radiculopathy. Service connection is denied for left hip strain and right hip strain.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a chronic disability related to service and that the Veteran's current condition is not causally connected to his military service.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for a back condition was denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for right lower extremity radiculopathy associated with his lumbar spine disability was also denied in December 2009, and the effective date of this denial is May 8, 2013.,The Veteran's claim for a postoperative back scar related to his service-connected lumbar spine disability was denied in December 2009, and the effective date of this denial is May 8, 2013.
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