The Veteran's service-connected degenerative disc disease of L5-S1 with fusion and chronic low back strain is currently rated at 40 percent, effective January 12, 2006. The Board found that the disability does not warrant a higher evaluation as there was no evidence of ankylosis or incapacitating episodes.
The deciding factor: The Veteran's degenerative disc disease and chronic low back strain do not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as they do not demonstrate unfavorable ankylosis of the entire spine or favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Degenerative disc disease of L5-S1 with fusion, Chronic low back strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 16, 2010
- Citation
- 1046980
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. Read the original VA decision (opens in a new tab) using citation 1046980.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for chronic low back strain and degenerative arthritis of the left wrist, as well as his claim for TDIU due to service-connected disabilities. The appeals are being remanded for additional examinations and consideration.
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development due to inconsistencies in prior examinations and insufficient information regarding the Veteran's disability picture.
- Whole decision: Denied
The Veteran's service-connected back and skin disabilities do not render him unable to secure or follow a substantially gainful occupation, thus his claim for TDIU is denied.
- Whole decision: Remanded (sent back)
The Board has remanded the claims of entitlement to increased ratings for degenerative arthritis of the left wrist and chronic low back strain due to inadequate examination reports that did not address the Veteran's reported flare-ups.
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.