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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19170211.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- 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.
- 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.
- 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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