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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1205029.
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 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.
- 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.
- 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.
- 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.
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.