The Veteran's lumbar DDD is rated at 40 percent, and a higher rating requires ankylosis or incapacitating episodes. The evidence does not show these conditions.
The deciding factor: The symptoms do not more nearly approximate the criteria for an initial rating higher than 40 percent due to lack of ankylosis or incapacitating episodes.
- Claimed conditions
- lumbar degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2020
- Citation
- 20007926
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.
- Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right knee strain with tendinitis, and gastroesophageal reflux disease. The TDIU claim was dismissed.
- Partly granted
The Board granted service connection for lumbar degenerative arthritis, lumbar DDD, lumbosacral strain, and lumbar IVDS, as well as an increased rating of 50 percent from December 29, 2006 for the right fourth metacarpal fracture.
- Denied
The Board denied service connection for various conditions, including a neck condition, right knee condition, lumbar degenerative disc disease, and ankle disabilities, as there was no evidence linking them to the Veteran's active-duty service. The claim for balanitis xerotica obliterans is remanded.
- Remanded (sent back)
The Board remands the issue of service connection for lumbar degenerative disc disease to correct a duty to assist error and obtain additional evidence.
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