The Veteran's claim for a higher disability rating for low back syndrome is denied as the evidence does not demonstrate incapacitating episodes or ankylosis. The current 40 percent rating adequately reflects his symptoms.
The deciding factor: The Veteran's low back syndrome has been rated based on its functional impairment, which includes pain and limited range of motion. No additional criteria for higher ratings apply due to lack of incapacitating episodes or ankylosis.
- Claimed conditions
- Low back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 29, 2016
- Citation
- 1612639
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. Search VA.gov for the original decision (opens in a new tab) using citation 1612639.
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: Remanded (sent back)
The Board has remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.
- Whole decision: Granted
The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back disability, including any degenerative arthritis. The examiner is asked to address whether there is radiculopathy related to the lumbar spine disability and determine if it is due to a cervical spine disorder instead. Additionally, the examiner should evaluate whether the service-connected low back syndrome caused or aggravated any other lumbar spine disorders (other than low back syndrome).
- Whole decision: Denied
The Board denied an earlier effective date for the award of a 10 percent rating for low back syndrome, as the Veteran's claim was filed within one year of his discharge from active duty.
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