The Veteran's low back disability is currently rated as 20 percent disabling prior to May 19, 2011 and 40 percent disabling from that date. The Board finds no evidence of forward flexion limited to 30 degrees or less, unfavorable ankylosis, incapacitating episodes, or other criteria warranting a higher rating.
The deciding factor: The Veteran's low back disability does not meet the criteria for a higher rating under any applicable diagnostic code due to lack of specific functional impairment such as forward flexion limited to 30 degrees or less.
- Claimed conditions
- Herniated nucleus pulposus L4-5, Degenerative disc disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 25, 2013
- Citation
- 1333716
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 1333716.
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 claims for increased disability ratings were denied as he failed to report for scheduled VA examinations without good cause, and the evidence did not show an increase in severity of his service-connected conditions.
- Whole decision: Remanded (sent back)
The Board remands the claims for increased ratings and TDIU due to deficiencies in the VA examinations and missing records.
- Whole decision: Granted
The Veteran's headaches are rated at 30 percent effective December 11, 2019. The Veteran's degenerative disc disease L5-S1 is currently rated at 20 percent. Separate ratings of 20 percent each are granted for left and right lower extremity radiculopathies.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to lack of substantial compliance with remand directives, specifically regarding obtaining a retrospective medical opinion for the period from March 7, 2011 to April 17, 2017.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.