The Veteran's lumbar spine disability, including left radiculopathy, has not met the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The current 20% rating remains appropriate given the limited range of motion and lack of ankylosis.
The deciding factor: The Veteran's lumbar spine disability does not meet or approximate the criteria for a higher rating as forward flexion is less than 30 degrees, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. There is no evidence of unfavorable ankylosis.
- Claimed conditions
- degenerative disc disease, left radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 24, 2012
- Citation
- 1236877
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 1236877.
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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