The Veteran's claim for an increased rating for his degenerative disc disease, L5-S1, status post foraminotomy and fusion at L4-5 was denied as the evidence did not show any type of spinal ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least six weeks during a previous 12 month period.
The deciding factor: The Veteran's flexion range of motion was limited to 30 degrees, which does not meet the criteria for unfavorable ankylosis (limitation of motion to 30 degrees or less) or favorable ankylosis (favorable ankylosis is defined as limitation of motion to a degree that results in loss of function).
- Claimed conditions
- Degenerative disc disease, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 8, 2012
- Citation
- 1220296
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 1220296.
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 remands the claims for increased ratings and TDIU due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and will schedule the Veteran for a new VA examination to assess the current severity of his lumbar spine disability, including whether it manifests in the functional equivalent of ankylosis.
- Remanded (sent back)
The Veteran's claim for a higher initial rating for his back condition remains pending before the Board. The case is remanded due to unclear functional limitations reported in May 2021 opinion and need for clarification regarding the period of appeal.
- Granted
The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
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