The Veteran's claim for an increased disability rating and TDIU for his service-connected IVDS and degenerative arthritis of the lumbar spine was denied. The Board found that the Veteran did not meet the criteria for a greater than 40 percent disability rating at any time during the appeal period.
The deciding factor: The evidence showed that the Veteran's disabilities resulted in incapacitating episodes with total duration of less than six weeks per month, but no unfavorable ankylosis or other disabling conditions. The Board concluded he did not meet the criteria for a higher disability rating.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 9, 2020
- Citation
- 20077984
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 20077984.
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.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Granted
The Veteran's claim for increased ratings for degenerative arthritis of the cervical spine and lumbar spine was granted with effective dates of May 13, 2019.
- Granted
The Veteran's degenerative arthritis of the lumbar spine was diagnosed during service and has continued since then. The Board granted service connection for this condition based on continuity of symptomatology.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate examinations and the need for a retrospective opinion regarding the severity of his service-connected lumbar spine disability.
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