The Board denied a disability rating higher than 40 percent for the Veteran's service-connected lumbar spine disability.
The deciding factor: The Veteran's range of motion was limited to at worst 35 degrees, and there was no evidence of ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS).
- Claimed conditions
- Degenerative disc disease with intervertebral disc syndrome, lumbar retrolisthesis and spinal stenosis (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 15, 2024
- Citation
- 24033093
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.
- Remanded (sent back)
The Board remands the claims for a higher disability rating for degenerative disc disease with intervertebral disc syndrome and bilateral radiculopathy of the lower extremities due to an inadequate VA examination.
- Denied
The Board denied the claims for an earlier effective date as no new and relevant evidence was received to reopen or readjudicate the claims.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.