The Veteran's initial rating for IVDS and DDD of the lumbar spine with herniated nucleus pulposus of L5/S1 is denied as her disability does not meet or approximate criteria for a higher rating.
The deciding factor: The Veteran’s lumbar spine disability did not result in ankylosis, incapacitating episodes of IVDS, or associated objective neurological abnormalities other than her separately service-connected radiculopathy of the LLE and RLE.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), Degenerative disc disease (DDD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2021
- Citation
- 21074252
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 21074252.
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 lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- 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 lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.