The Veteran's lumbar spine disability has been evaluated at 40 percent throughout the appeal period, which is the maximum schedular evaluation based on limitation of motion. The Board found no evidence of ankylosis or incapacitating episodes sufficient to warrant a higher rating.
The deciding factor: The Veteran's lumbar spine disability was evaluated under the General Rating Formula for Diseases and Injuries of the Spine, with the maximum schedular evaluation being 40 percent based on limitation of motion. There is no evidence of ankylosis or incapacitating episodes sufficient to warrant a higher rating.
- Claimed conditions
- L4-L5 disc herniation, multilevel degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 6, 2016
- Citation
- 1622628
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 1622628.
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 determined that the Veteran's service connection claim for a lumbar spine disability should be remanded due to a duty to assist error.
- Granted
The Board has granted service connection for the Veteran's back disability, diagnosed as multilevel degenerative disc disease and facet arthropathy, finding that it is related to his in-service injury.
- Dismissed
The Veteran's appeal for a higher rating for spondylosis with diffuse degenerative arthritis and multilevel degenerative disc disease is dismissed as the Veteran withdrew his appeal in October 2023.
- Granted
The Board has reopened the claim for service connection for scoliosis and granted service connection for a lumbar spine disability. The Veteran's current conditions are attributed to military service.
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