The Veteran's lumbar spine degenerative disc disease and chronic low back strain have been rated at 40 percent since December 10, 2009. The rating is granted for the period prior to that date.
The deciding factor: The VA examiner found no evidence of ankylosis or incapacitating episodes, but noted significant pain and limitation in motion due to degenerative disc disease and multiple back surgeries.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Chronic Low Back Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2020
- Citation
- 20002257
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claim for an initial rating in excess of 30 percent for posttraumatic stress disorder due to a lack of new and relevant evidence, and remanded the claim for an increased rating for degenerative disc disease of the lumbar spine for further development.
- Granted
The Board granted earlier effective dates and higher initial ratings for degenerative disc disease of the lumbar spine, service connection for polysubstance abuse disorder secondary to a service-connected disability, and a TDIU.
- Partly granted
The Board granted service connection for GERD and increased ratings for degenerative disc disease of the lumbar spine, right lower extremity radiculopathy, and left lower extremity radiculopathy. The appeal for a compensable initial rating for COPD and scar of the left shoulder was withdrawn. Other appeals were denied.
- Denied
The Veteran's request to revise or reverse a January 20, 2015, rating decision that denied service connection for obstructive sleep apnea (OSA) on the basis of clear and unmistakable error was denied. The Board also remanded entitlement to service connection for degenerative disc disease of the lumbar spine.
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