The Board denied the Veteran's appeal for a higher rating for lumbosacral strain with degenerative arthritis and degenerative disc disease, finding that the evidence did not support an evaluation in excess of 40 percent.
The deciding factor: The evidence did not show functional equivalent of unfavorable ankylosis or other criteria to warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbosacral strain with degenerative arthritis and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2024
- Citation
- A24070445
Veterans Law Judge
Decisions by this judge: 1,913 · Granted: 30% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24070445.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of ankylosis or incapacitating episodes. A separate 10 percent rating for radiculopathy in each lower extremity is granted.
- Remanded (sent back)
The Veteran's claim for an increased rating of lumbosacral strain with degenerative arthritis and degenerative disc disease was denied. The Board found that the evidence did not support a higher rating than 40 percent, as there was no evidence of unfavorable ankylosis or other conditions warranting a higher rating. The Veteran's claim for service connection for cervical spine degenerative arthritis is remanded due to a duty-to-assist error.
- Dismissed
The appeal of the proposed reduction in the rating for lumbosacral strain with degenerative arthritis and degenerative disc disease was dismissed as it is not a final action.
- Granted
The Board granted service connection for a lumbosacral strain with degenerative arthritis and degenerative disc disease, resolving doubt in favor of the Veteran.
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