The Board granted a 40 percent disability rating for degenerative disc disease of the lumbar spine, status post laminectomy, from October 17, 2013, but denied a higher rating in excess of 40 percent.
The deciding factor: The February 2022 VA examination provided adequate range of motion testing that addressed concerns raised by Correia and Sharp, justifying the grant of a 40 percent rating for the entire appeal period.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, status post laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 16, 2024
- Citation
- 24002229
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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