The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the current evidence.
The deciding factor: The Veteran's IVDS does not meet the criteria for an increased rating as it has not resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, unfavorable ankylosis of the entire thoracolumbar spine, or incapacitating episodes requiring bed rest and treatment by a physician.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 5, 2013
- Citation
- 1307558
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 1307558.
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 a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the service connection claims for intervertebral disc syndrome (IVDS) of the lumbar spine, left lower extremity sciatica secondary to IVDS, bilateral plantar fasciitis, a left ankle condition, a left foot condition, and hypertension due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining relevant private treatment records and securing an addendum medical opinion to assess the historical severity of the Veteran's lumbar spine disability.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since January 31, 2013. Effective October 8, 2019, the Veteran is granted a TDIU.
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