The Veteran's initial claims for increased evaluations for his service-connected degenerative arthritis of the lumbar spine with a bulging disc at L4-5 and scoliosis were denied. The Board found that from June 26, 2003 to September 2, 2009, he did not meet the criteria for an evaluation in excess of 10 percent, and on or after September 2, 2009, he did not meet the criteria for an evaluation in excess of 20 percent. The Veteran's claim for TDIU was also denied.
The deciding factor: The VA examinations conducted during the appeal period did not show any incapacitating episodes of intervertebral disc syndrome or forward flexion of the thoracolumbar spine less than 30 degrees, which are required to meet the criteria for a higher evaluation under the old rating schedule.
- Claimed conditions
- Degenerative Arthritis of the Lumbar Spine, Bulging Disc at L4-5, Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 10, 2010
- Citation
- 1029856
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 1029856.
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.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
- Remanded (sent back)
The Board remands the appeal for eligibility under the Department of Veterans Affairs (VA's) Program of Comprehensive Assistance for Family Caregivers to correct an AOJ error in satisfying a regulatory and statutory duty, which has a reasonable possibility of aiding in substantiating the appellant's claim.
- Remanded (sent back)
The Board remands the claim for a back disability to correct pre-decisional duty-to-assist errors, including obtaining missing service treatment and personnel records from 1982.
- Denied
The Board denied all claims for increased ratings, except for sinusitis which was granted a higher rating.
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