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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1047615.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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