The Veteran's claim for a higher rating for his lumbosacral spine degenerative disc disease was denied. The Board found that the evidence did not show forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis, which are required for a higher rating under the applicable VA rating criteria.
The deciding factor: The Veteran's range of motion testing showed flexion to 80 degrees with pain beginning at 40 degrees and extension to 30 degrees with pain beginning at 20 degrees. There was no additional loss of motion on repetitive use for any of these motions, indicating that the disability did not meet the criteria for a higher rating.
- Claimed conditions
- lumbosacral degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 22, 2010
- Citation
- 1047615
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 1047615.
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.
- Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
- Granted
The Board has granted the Veteran's claim of service connection for lumbosacral degenerative disc disease and spondylosis, finding that his current disabilities are related to his active duty service.
- Denied
The Veteran's lumbosacral degenerative disc disease is rated at 20 percent, and his PTSD with depressive disorder and alcohol use disorder is rated at 70 percent. The Veteran also received a TDIU effective April 11, 2023, and SMC based on housebound status effective the same date.
- Partly granted
The Board denied an initial disability rating in excess of 20 percent for service-connected lumbosacral degenerative disc disease and granted a separate 10 percent disability rating for right lower extremity radiculopathy associated with the same condition.
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