The Veteran's lumbar spine disability was granted a 40 percent rating prior to December 30, 2019 and denied any increase in rating from that date. The decision is based on the current manifestations of his service-connected degenerative disc disease.
The deciding factor: The VA examinations consistently noted no ankylosis of the thoracolumbar spine, which precludes a higher rating under Diagnostic Code 5243 for unfavorable ankylosis.
- Claimed conditions
- Degenerative disc disease L4-5, Degenerative disc disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 23, 2022
- Citation
- 22036485
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 22036485.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased disability ratings were denied as he failed to report for scheduled VA examinations without good cause, and the evidence did not show an increase in severity of his service-connected conditions.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient medical opinions provided prior to the August 2020 rating decision. The AOJ must obtain updated medical opinions addressing the Veteran's claimed conditions and their relationship to his military service.
- Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to deficiencies in the VA examinations and missing records.
- Granted
The Veteran's headaches are rated at 30 percent effective December 11, 2019. The Veteran's degenerative disc disease L5-S1 is currently rated at 20 percent. Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathies.
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