The Veteran's claim for an initial rating higher than 40 percent for degenerative disc and joint disease of the lumbar spine was denied as his disability is already rated at its maximum under the applicable diagnostic codes.
The deciding factor: The Veteran's disability has been evaluated based on limitation of motion, which is currently rated at 40% under Diagnostic Code 5292. No higher rating can be assigned due to lack of evidence of unfavorable ankylosis or incapacitating episodes requiring bed rest prescribed by a physician.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 7, 2013
- Citation
- 1318703
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 1318703.
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: Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Whole decision: Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Whole decision: Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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