The Veteran's increased rating claim for lumbar degenerative disc disease and herniated discs with intervertebral disc syndrome is denied. The TDIU claim is also denied.
The deciding factor: The evidence does not meet the criteria for a higher rating under either the General Rating Formula or the Intervertebral Disc Syndrome Based on Incapacitating Episodes formula, as there was no ankylosis of the thoracolumbar spine and no incapacitating episodes due to intervertebral disc syndrome.
- Claimed conditions
- lumbar degenerative disc disease, herniated discs with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 22, 2020
- Citation
- 20068366
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 Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.