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
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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
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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 determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's claims for service connection for bilateral lower extremity radiculopathy on the basis of CUE in the February 1996 rating decision have been denied. The May 2022 rating decision is also dismissed as it failed to grant service connection.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
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