The Veteran's service-connected degenerative disc disease of the lumbar spine was denied an increased rating higher than 40 percent before September 23, 2002.
The deciding factor: The disability did not meet the criteria for a higher evaluation under the old Diagnostic Code 5293 due to lack of persistent symptoms compatible with sciatic neuropathy or other neurological findings appropriate to the site of the diseased disc.
- Claimed conditions
- Degenerative Disc Disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2020
- Citation
- 20005979
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.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease and associated radiculopathy, as the record does not include all relevant treatment records prior to back surgery.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Granted
The Board granted an increased disability rating of 40 percent for degenerative disc disease and a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for degenerative disc disease as secondary to service-connected knee disabilities due to an inadequate medical opinion.
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