The Board found that the Veteran's service-connected lumbar spine disability, characterized by chronic low back pain with radiating symptoms to the left lower extremity, does not meet or approximate the criteria for a higher rating than 20 percent. The Veteran was granted a noncompensable (zero percent) disability rating for his associated S1 radiculopathy.
The deciding factor: The VA examination and outpatient treatment records showed that the Veteran's lumbar spine disability resulted in forward flexion to at least 90 degrees, extension to 30 degrees, right and left lateral flexion to 30 degrees, and left and right lateral rotation to 30 degrees. There was no evidence of additional functional limitation due to pain.
- Claimed conditions
- residuals of fracture to transverse process, L2, 3, and 4, lumbar spondylosis, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 29, 2011
- Citation
- 1147232
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 1147232.
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 claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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