The Veteran's lumbar spine DDD is rated at 40 percent, which is the maximum rating available. The Board denied a higher rating as there was no evidence of unfavorable ankylosis or incapacitating episodes due to IVDS. Service connection for sleep apnea and tinnitus were granted as secondary to obesity and active-duty service, respectively.
The deciding factor: The Veteran's lumbar spine DDD did not meet the criteria for a higher rating as it did not result in favorable ankylosis of the entire thoracolumbar spine or incapacitating episodes due to IVDS with total duration of at least 6 weeks during the last 12 months.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Obesity
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 27, 2022
- Citation
- 22055112
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 22055112.
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.
- Granted
The Board has granted the Veteran's claim for service connection for hypertension, finding that it is secondary to her service-connected PTSD and obesity. The decision also acknowledges the Veteran's participation in a TERA during service.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for sleep apnea, as it is unclear whether his condition is caused or aggravated by his service-connected musculoskeletal disabilities and obesity. The AOJ will need to provide a VA examination to clarify these issues.
- Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there is no competent evidence to suggest that PTSD contributed to his passing.
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