The Veteran's lumbar spine DDD with IVDS is currently rated at 20 percent prior to December 5, 2016 and 40 percent thereafter. The appeal has been denied as the evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Formula for Rating IVDS Based on Incapacitating Episodes.
The deciding factor: The medical evidence did not show incapacitating episodes meeting the criteria for a higher rating and the Veteran's forward flexion was consistently at least 40 degrees, which does not meet the criteria for a 40 percent disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD) with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 22, 2020
- Citation
- 20004865
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 a 40 percent rating for the low back disability, left lower extremity radiculopathy, and right lower extremity radiculopathy from July 6, 2022. Service connection was denied for a cervical spine disorder.
- Remanded (sent back)
The Board vacated its November 30, 2023 decision and remanded several claims for further development.
- 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.
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