The Veteran's lumbar spine disability was rated at 10 percent prior to May 27, 2010. From October 28, 2009 to May 26, 2010, he received separate ratings of 10 percent for radiculopathy in both lower extremities. A TDIU was granted from October 20, 2010.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under the applicable VA rating criteria prior to May 27, 2010.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Spondylolisthesis, Spinal Stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 9, 2022
- Citation
- 22013370
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 22013370.
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 has granted service connection for the Veteran's low back disability, including diagnosed degenerative arthritis with DDD other than intervertebral disc syndrome and spinal stenosis status post L3, L4, and L5 laminectomy. The decision is based on the Veteran's in-service injury and his ongoing symptoms since then.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Remanded (sent back)
The Board has found the reduction in rating for spinal stenosis, lumbar disc disease, and Schmorl's nodes from 20% to 10% was improper. The 20% rating is restored. However, the issues of increased ratings for left and right lower extremity sciatic nerve radiculopathy and ankle conditions are remanded due to a duty to assist error.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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