The Veteran's low back disorder did not manifest any unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician, thus the claim for a rating in excess of 40 percent was denied.
The deciding factor: The Veteran's lumbar spine disability did not result in unfavorable ankylosis or incapacitating episodes as required for a higher rating under DCs 5235-5243.
- Claimed conditions
- lumbar scoliosis, diffuse spondylosis, degenerative disc disease (DDD) at L4-5 and L5-S1, scars
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 24, 2013
- Citation
- 1302638
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 1302638.
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.
- Granted
The Board has granted an effective date of April 14, 1972 for the award of service connection for scars and denied a compensable disability rating.
- Granted
The Veteran's degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis, right knee total arthroplasty, and left knee strain are all granted service connection as directly related to his military service.
- Granted
The Veteran's staph infection is granted service connection. The Board has remanded the claims for bilateral feet condition, ED, and scars related to his now service-connected staph infection.
- Denied
The Board denied the Veteran's appeal for increased ratings for compartment syndrome of the bilateral lower extremities, reduced the rating for painful scars of the bilateral lower extremities, and denied service connection for various conditions. The decision was not timely filed.
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