The Veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not support a higher rating based on limitation of motion, and the criteria for a higher rating under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes were also not met.
The deciding factor: The Veteran's back disability did not meet the criteria for a higher rating as per Diagnostic Code 5243 due to lack of evidence of IVDS or incapacitating episodes, and his range of motion was within the limits specified for a 10% rating.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 30, 2020
- Citation
- 20081810
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 Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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