The Veteran's claim for a higher rating for his service-connected DDD and IVDS is denied as the evidence does not support the presence of incapacitating episodes that would warrant a higher rating.
The deciding factor: There were no documented instances of incapacitating episodes meeting the criteria for a higher rating under the applicable VA Rating Formula for Diseases and Injuries of the Spine.
- 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
Veterans Law Judge
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 20080728.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbosacral strain, degenerative arthritis, lumbar retrolisthesis, a vertebral fracture, and DDD (back disability), as well as right and left lower extremity radiculopathy secondary to the back disability. The decision is based on evidence showing an in-service fall causing a back injury that led to current diagnoses.
- Granted
The Board has granted service connection for DDD and central canal stenosis of the lumbar spine, finding that the appellant's current disability is at least as likely caused by his in-service injury.
- Dismissed
The Veteran's appeal for service connection regarding cervical strain with IVDS, spinal fusion, and spinal stenosis was dismissed because the Veteran died during the pendency of the appeal.
- Granted
The Veteran's thoracolumbar disorder, including arthritis, thoracic spine scoliosis with degenerative changes, DDD, and chronic low back pain, is granted service connection. Service connection for a cervical strain is denied.
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