The Veteran's service-connected traumatic arthritis of the lumbar spine is currently rated at 40 percent and no higher, as there is no evidence of ankylosis or incapacitating episodes meeting the criteria for a higher rating.
The deciding factor: The medical evidence does not show complete ankylosis of the thoracolumbar spine in a favorable angle (60% under former Diagnostic Code 5286) or unfavorable ankylosis of the lumbar spine (50% under former Diagnostic Code 5289), nor does it demonstrate at least six incapacitating episodes during a 12-month period meeting the criteria for a higher rating under former Diagnostic Code 4.71a, Diagnostic Code 5243.
- Claimed conditions
- traumatic arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 9, 2012
- Citation
- 1205029
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 1205029.
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 Veteran's claims for increased ratings and TDIU were denied due to his failure to report for VA examinations, and the claim for TDIU was considered abandoned.
- Whole decision: Denied
The Veteran's application for total disability based on individual unemployability (TDIU) was granted effective August 1, 2016. The Board denied an earlier effective date prior to this date.
- Whole decision: Dismissed
The Veteran's appeal for increased ratings and TDIU has been dismissed as he is already receiving the maximum combined rating for his service-connected disabilities.
- Whole decision: Granted
The Board's decision was vacated due to a failure to fully comply with the Veteran's FOIA request for copies of prior VA examinations.
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