The Veteran's back condition, including IVDS and radiculopathy of the lower extremities, is rated at 40 percent disabling since March 22, 2017. The appeal was denied as his disability does not warrant a higher rating under applicable diagnostic codes.
The deciding factor: The most recent VA examination found that the Veteran's back condition limits him to flexion limited to 30 degrees or less in both lower extremities, with no ankylosis and without incapacitating episodes during the past 12 months. The disability does not meet criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 3, 2019
- Citation
- 19176117
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 restored the previous ratings for degenerative disc disease of the lumbar spine with intervertebral disc syndrome and left and right lower extremity radiculopathy, but denied higher ratings for other conditions.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional examinations and to obtain relevant medical records. The issues include increased ratings for lumbar spine DDD with IVDS, right knee degenerative arthritis, and left knee degenerative arthritis.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.