The Veteran's low back disability has been rated at 20 percent since February 21, 2006. The current rating is denied as the evidence does not meet the criteria for a higher evaluation.
The deciding factor: The most recent VA examination in March 2010 did not indicate any incapacitating episodes of intervertebral disc syndrome (IVDS) requiring bed rest and treatment by a physician, which would be necessary to warrant a rating under the IVDS Formula. The examiner noted forward flexion limited to less than 60 degrees but greater than 30 degrees with no ankylosis or incapacitating episodes for at least 4 weeks in any 12-month period.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 20, 2011
- Citation
- 1135216
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 1135216.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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