The Veteran's claims for increased ratings for his intervertebral and DDD of the lumbar spine prior to July 15, 2011, as well as his initial rating claims for radiculopathy of the right lower extremity since that date, were denied by the RO. The Veteran is currently in receipt of a 40 percent evaluation for intervertebral and DDD of the lumbar spine effective July 15, 2011.
The deciding factor: The VA examinations showed forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees since July 15, 2011, which does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 15, 2014
- Citation
- 1431691
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 1431691.
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 Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Whole decision: Remanded (sent back)
The Board has determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Whole decision: Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Whole decision: Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
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