The Veteran's lumbosacral spine disability results in forward flexion of the thoracolumbar spine to 10 degrees, with favorable ankylosis. The disability does not result in unfavorable ankylosis or incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician.
The deciding factor: The Veteran's lumbosacral spine disability does not meet the criteria for a higher rating under the General Rating Formula due to lack of unfavorable ankylosis. The IVDS formula also did not apply as there were no incapacitating episodes noted in the medical records.
- Claimed conditions
- post-operative herniated nucleus pulposus of the lumbosacral spine, intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2014
- Citation
- 1401366
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 1401366.
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.
- 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.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Granted
The Veteran's lumbar spine condition, including degenerative arthritis, intervertebral disc syndrome, bilateral lower extremity radiculopathy, and lumbar hemangioma, is granted as service connected. The evidence supports the conclusion that these conditions began during her military service.
- Granted
The Veteran's claim for service connection for a low back disability was granted effective May 13, 2024. The effective date is based on the date of receipt of her completed supplemental claim.
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