The Veteran's DDD of the lumbosacral spine is currently evaluated at 40 percent, effective July 15, 2013 and as 40 percent from July 1, 2016. The Board found that his symptoms do not warrant a higher evaluation under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
The deciding factor: The Veteran's DDD of the lumbosacral spine does not manifest unfavorable ankylosis of the entire thoracolumbar spine, nor does it have incapacitating episodes having a total duration of at least 6 weeks during the past 12 months. The evidence did not support higher evaluations under either rating criteria.
- 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
- November 21, 2019
- Citation
- 19187933
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.
- Denied
The Board denied the veteran's claim for service connection as his degenerative disc disease of the lumbosacral spine was not incurred or aggravated in his active duty service and is not presumed to be related.
- 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.
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