The Veteran's back disability was rated at 40 percent disabling, and the Board found that it did not warrant an evaluation in excess of this rating.
The deciding factor: The evidence did not show any unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician.
- Claimed conditions
- Low Back Strain, Post Lumbar Fusion, S-1 Nerve Root Compression, Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 16, 2013
- Citation
- 1316084
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 1316084.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Denied
The Veteran's initial evaluation for cervical spine disability remains at 10 percent, as his symptoms do not meet the criteria for a higher rating under VA regulations.
- Remanded (sent back)
The Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
- Denied
The Veteran's DDD is currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The appeal for higher ratings on other conditions has been denied.
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