The Veteran's degenerative disc disease with spondylolisthesis of the lumbar spine was rated at 20 percent, but the Board found that it did not warrant a higher rating as there was no evidence of ankylosis or significant functional loss.
The deciding factor: The VA examiner noted that the Veteran's forward flexion of the thoracolumbar spine was at worst to 75 degrees, even in consideration of painful motion and other factors discussed in DeLuca v. Brown (indicating considerations for pain, weakness, lack of endurance, etc.).
- Claimed conditions
- Degenerative disc disease with spondylolisthesis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 17, 2022
- Citation
- A22020943
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 A22020943.
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.
- Denied
The Board denied entitlement to increased ratings for the lumbar spine condition and a TDIU, but granted entitlement to a total disability based on individual unemployability (TDIU) due to service-connected disabilities.
- Remanded (sent back)
The Board has remanded the Veteran's claim for higher evaluations for his degenerative disc disease with spondylolisthesis of the lumbar spine due to outstanding treatment records and additional development being necessary.
- 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.
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