The Veteran's DDD of the lumbar spine was rated at 10 percent prior to September 20, 2014 and at 40 percent thereafter. The Veteran received a higher initial rating of 20 percent for LLER effective May 15, 2019. A TDIU was granted.
The deciding factor: The evidence showed that the Veteran's DDD of the lumbar spine warranted a 40 percent rating based on forward flexion being less than 30 degrees and IVDS present. The LLER warranted a 20 percent rating due to moderate incomplete paralysis in both legs, with the LLE having more severe symptoms.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Right lower extremity radiculopathy (RLER), Left lower extremity radiculopathy (LLER)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 21, 2020
- Citation
- 20068343
Veterans Law Judge
Decisions by this judge: 2,341 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 20068343.
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.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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