The Veteran's claim for a higher rating for his service-connected DDD and IVDS was denied as the evidence did not show that he experienced incapacitating episodes warranting a higher rating.
The deciding factor: The evidence did not demonstrate any periods of time where the Veteran required bed rest due to intervertebral disc syndrome (IVDS) that met the criteria for an increased rating based on incapacitating episodes.
- Claimed conditions
- DDD (Degenerative Disc Disease), IVDS (Intervertebral Disc Syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 23, 2020
- Citation
- 20080728
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 service connection for a neck injury, including degenerative arthritis, IVDS, spinal stenosis, and history of spinal fusion, based on the evidence showing chronicity since service.
- Denied
The Board denied the veteran's claims for increased ratings and a TDIU, finding that the evidence did not support higher disability ratings or total unemployability.
- Dismissed
The appeal for high white blood cell count was dismissed. The Veteran's back disability, including degenerative disc disease and sciatic radiculopathy in both lower extremities, is now rated at 20 percent prior to March 23, 2016.
- Denied
The Veteran's initial rating for lumbar spine DJD prior to August 5, 2019 was denied. From August 5, 2019 onwards, the Veteran received a higher rating of 40 percent for his disability.
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