The Veteran's disability rating for degenerative disc disease with L5-S1 herniation was increased to 40 percent, effective April 28, 2012. The appeal is denied as the condition does not meet criteria for a higher rating.
The deciding factor: The Veteran's forward flexion of the thoracolumbar spine was found to be 30 degrees or less, meeting the criteria for a disability rating in excess of 40 percent under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula).
- Claimed conditions
- Degenerative disc disease with L5-S1 herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 18, 2021
- Citation
- 21069369
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 21069369.
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 degenerative disc disease with L5-S1 herniation and left lower extremity lumbar radiculopathy, finding that the Veteran's current conditions are related to his military service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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