The Veteran's lumbar spine DDD and IDS, left lower extremity radiculopathy, right lower extremity radiculopathy, and right knee degenerative arthritis are all rated at the maximum disability rating of 40 percent. The appeal is denied.
The deciding factor: The Veteran’s lumbar spine DDD and IDS, along with his associated radiculopathies and right knee degenerative arthritis, have been evaluated based on their direct service connection without any presumption or secondary relationship to a previously service-connected condition.
- Claimed conditions
- lumbar spine degenerative disc disease (DDD), intervertebral disc syndrome (IDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20068259
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.
- Partly granted
The Board granted service connection for right knee strain, left hip strain, right hip arthritis, and lumbar spine degenerative disc disease as secondary to the Veteran's service-connected chronic iliotibial band syndrome of the left knee. The appeal was denied for service connection for right ear hearing loss.
- Remanded (sent back)
The Board remanded the issues of entitlement to earlier effective dates for RLE and LLE radiculopathy service connection awards, finding that the AOJ failed to reconsider these claims under 38 C.F.R. § 3.156(c) after receipt of relevant official service department records. The Board remanded for a VA medical opinion to determine whether the radiculopathy onset occurred prior to September 15, 1999.
- Dismissed
The appeal for earlier effective dates and initial ratings for service-connected conditions was withdrawn by the Veteran, thus these claims are dismissed.
- Denied
The Board denied an initial rating in excess of 20 percent prior to March 18, 2024, for lumbar spine degenerative disc disease (DDD) as the evidence did not support a higher rating.
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