The Veteran's lumbar spine disability has been manifested by forward flexion of the thoracolumbar spine greater than 60 degrees and a combined range of motion greater than 120 degrees without abnormal gait or abnormal spine contour; there is no evidence of muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. There is no evidence of incapacitating episodes having a total duration of at least two weeks during a 12 month period; and there is no objective evidence of neurological manifestations warranting additional separate ratings, other than those currently assigned for right and left lower extremity radiculopathies.
The deciding factor: The Veteran's lumbar spine disability does not meet the criteria for a higher rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- lumbar spine herniated nucleus pulposus, lumbar spine stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- December 13, 2013
- Citation
- 1341151
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 1341151.
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The appeal seeking a rating in excess of 20 percent for service-connected lumbar spine stenosis was withdrawn by the Veteran, and the appeal is dismissed.
- Denied
The Board denied service connection for all claimed conditions due to lack of evidence linking them to active service.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA treatment records and private podiatry records. The Veteran's right foot disability is being considered as secondary to his service-connected right ankle disability.
- Granted
The Board has granted service connection for lumbar spine stenosis and remanded the issue of entitlement to a total disability rating for individual unemployability (TDIU).
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