The veteran's claims for increased evaluations for his low back disorder and associated radiculopathy have been denied. The evidence does not support the assignment of higher ratings under the applicable rating criteria.
The deciding factor: The evidence does not demonstrate incapacitating episodes or unfavorable ankylosis, which are required for higher schedular ratings.
- Claimed conditions
- intervertebral disc syndrome with postoperative residuals of a lumbar fusion, limitation of motion of the lumbar spine, lumbosacral radiculopathy to the left lower extremity, lumbosacral radiculopathy to the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 31, 2006
- Citation
- 0627621
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (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 0627621.
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.
- Granted
The Board granted a disability rating of 40 percent for the Veteran's lumbar spine disability, effective from September 23, 2019. The decision found that this rating was appropriate due to additional loss of motion during flare-ups.
- Denied
The Veteran's diabetes mellitus is rated at 20 percent, effective April 1, 2011. The RO denied an increased rating for his service-connected diabetes mellitus.
- Denied
The Veteran is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund as his service was in the Regular Army of the United States, and he already receives VA disability compensation.
- Granted
The Veteran's limitation of motion of the lumbar spine has not been manifested by forward flexion of the thoracolumbar spine 30 degrees or less, nor have incapacitating episodes been shown. Therefore, an evaluation in excess of 20 percent is not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.