The Board denied a rating in excess of 40 percent for the Veteran's degenerative disc disease (DDD) of the lumbosacral spine, finding that the evidence did not support an increase to this level.
The deciding factor: The evidence did not show unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome as required for a higher rating.
- Claimed conditions
- Degenerative disc disease (DDD) of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 17, 2019
- Citation
- 19179436
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.
- Dismissed
The appeal of the propriety of the reduction from 40 percent to 10 percent disabling, effective May 18, 2021, for service-connected degenerative arthritis and degenerative disc disease of the lumbosacral spine is dismissed as the Veteran withdrew the appeal.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for his service-connected cervical spine, lumbosacral spine, left shoulder, left wrist, and left ankle disabilities, as well as his gastroesophageal reflux disease (GERD) with duodenitis. The AOJ is instructed to obtain all outstanding VA treatment records, provide the Veteran with another opportunity to submit private medical evidence, and schedule appropriate examinations.
- Granted
The Veteran's depression is found to be secondary to his service-connected DDD of the lumbosacral spine.,For GERD, an initial disability rating of 10 percent has been granted.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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