The Veteran's claim for a higher rating for his service-connected lumbar trauma residuals and degenerative disc disease was denied. The Board found that the evidence did not meet the criteria for an increased rating, as there were no incapacitating episodes of intervertebral disc syndrome meeting the required duration. The TDIU claim was also denied.
The deciding factor: The Veteran's disability did not meet the schedular criteria for a higher rating due to lack of incapacitating episodes of IVDS and unfavorable ankylosis of the thoracolumbar spine.
- Claimed conditions
- lumbar trauma residuals, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 9, 2020
- Citation
- 20072127
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 disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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