The Veteran's service-connected low back disability has not been manifested by unfavorable ankylosis of the entire spine, and therefore, he is not entitled to a rating in excess of 60 percent.
The deciding factor: The Veteran's spondylolisthesis status post L4-L5 diskectomy with chronic low back pain does not meet the criteria for an evaluation in excess of 60 percent due to lack of unfavorable ankylosis of the entire spine.
- Claimed conditions
- spondylolisthesis status post L4-L5 diskectomy, chronic low back pain, ruptured disc, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 29, 2013
- Citation
- 1323965
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 1323965.
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: Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Whole decision: 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.
- Whole decision: Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Whole decision: Granted
The Board has determined that the Veteran's chronic low back pain was incurred in service and continues to this day, granting her claim for service connection.
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