For the initial rating period from June 10, 2010 to April 3, 2016 (excluding two periods of a temporary total rating), a 40 percent rating for DDD of the lumbar spine is granted.,For the initial rating beginning April 4, 2016, a rating in excess of 40 percent for DDD of the lumbar spine is denied.
The deciding factor: The medical evidence shows that the Veteran's lumbar spine was limited to 30 degrees of flexion during his most recent evaluation, which meets the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine. However, no higher ratings are warranted as there is no indication of unfavorable ankylosis.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 6, 2019
- Citation
- 19192002
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 19192002.
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 granted service connection for residuals of a traumatic brain injury and special monthly compensation based on the need of regular aid and attendance, while remanding the issue of service connection for a seizures disorder.
- Granted
The Board granted service connection for a low back disability and bilateral lower extremity radiculopathy, finding that the Veteran's current conditions were caused by his in-service injuries.
- Partly granted
The Board granted service connection for cervical and lumbar spine disabilities, headaches, and bilateral lower extremity radiculopathy. It also dismissed the claims for higher ratings of reactive airway disease, allergic rhinitis, and PTSD, denied service connection for CFS and TBI, and granted a 30% rating for IBS.
- Granted
The Board granted earlier effective dates for the grants of service connection for degenerative arthritis of the spine with bilateral sacroiliac joint dysfunction, injury of nerves at right wrist and hand level, neuritis of the musculocutaneous nerve (superficial peroneal), injury of nerves at right wrist and hand level, all radicular groups, and nerve damage to right wrist and hand (claimed as right wrist condition). Service connection for bilateral lower extremity radiculopathy was also granted as secondary to service-connected degenerative arthritis with sacroiliac joint dysfunction.
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