The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds no evidence of unfavorable ankylosis warranting a higher rating. The claim for service connection for a cervical spine disorder remains pending as it was not adjudicated by the RO.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for an evaluation in excess of 40 percent due to lack of evidence of unfavorable ankylosis, which is required for such a rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- cervical spine disorder, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 12, 2011
- Citation
- 1133645
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 1133645.
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.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Board has granted service connection for a cervical spine disorder, finding that the Veteran's current condition is at least as likely as not related to his active military service.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
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