The Veteran's claims for increased ratings for thoracolumbar spine degenerative disc disease with intervertebral disc syndrome and intervertebral disc syndrome of the right lower extremity were denied as there was no evidence to support a higher rating based on the current manifestations of these conditions.
The deciding factor: The VA examinations did not show any additional limitation in motion or other functional impairment more nearly approximating the criteria for a higher rating, and the Veteran's lay reports of symptoms were considered. The neurological findings also supported a finding that the disability was at least mild.
- Claimed conditions
- Thoracolumbar spine degenerative disc disease with intervertebral disc syndrome, Intervertebral disc syndrome of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 29, 2019
- Citation
- 19181274
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.
- Remanded (sent back)
The Board has remanded the claims for higher ratings for intervertebral disc syndrome of the left and right lower extremities, as well as for degenerative joint disease of the lumbosacral spine with herniated nucleus pulposus. The issues are also inextricably intertwined with the claim for TDIU prior to August 11, 2009.
- 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.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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.