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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 1220296.
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: Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to pre-decisional duty to assist errors.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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