The Board has denied a rating in excess of 40 percent for the Veteran's service-connected degenerative disc disease of the lumbar spine with intervertebral disc syndrome, finding that the current disability does not meet or approximate the criteria for a higher evaluation.
The deciding factor: The medical evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes of IVDS having a total duration of at least six weeks during the preceding 12 months, which are required for a higher rating under the General Rating Formula and IVDS Formula.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2020
- Citation
- 20001927
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.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
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