The Veteran's service-connected lower back disability is not manifested by unfavorable ankylosis of the entire thoracolumbar spine, unfavorable ankylosis of the entire spine, or intervertebral disc syndrome with incapacitating episodes having a total duration of at least six weeks during the past 12 months. Therefore, his claim for higher ratings was denied.
The deciding factor: The Veteran's low back disability did not meet the criteria for an increased rating under any applicable diagnostic code due to lack of evidence of unfavorable ankylosis or incapacitating episodes as required by the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Acquired psychiatric disorder, Degenerative disc disease between L5 and S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 11, 2011
- Citation
- 1101217
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 1101217.
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 denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Remanded (sent back)
The Board has remanded the case for a determination on whether injuries sustained in a November 2001 incident were in the line of duty. The claim for service connection for an acquired psychiatric disorder is also remanded due to its interdependence with the line of duty issue.
- Remanded (sent back)
The Board has remanded the case due to a duty to assist error in failing to obtain private treatment records from the Veteran's treating clinician.
- Granted
The Veteran's claim for an earlier effective date of August 13, 2018, for the award of service connection for an acquired psychiatric disorder is granted. The Veteran also meets the schedular criteria for entitlement to TDIU prior to June 1, 2023.
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.