The Veteran's lumbar spine disability has not approximated unfavorable ankylosis of the entire thoracolumbar spine, and his left lower extremity radiculopathy is mild in degree. Therefore, a rating in excess of 40 percent for residuals of a back injury with degenerative disc disease, L5-S1, and a rating in excess of 10 percent for left lower extremity radiculopathy are not warranted.
The deciding factor: The Veteran's lumbar spine disability has not approximated unfavorable ankylosis of the entire thoracolumbar spine at any time during the rating period, as evidenced by his measurable range of motion and lack of objective findings such as swelling or muscle spasm. His left lower extremity radiculopathy is mild in degree.
- Claimed conditions
- Degenerative Joint Disease (Lumbar Spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 14, 2016
- Citation
- 1623687
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 1623687.
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 service connection for diabetes mellitus, prostate cancer, and an increased rating for other specified trauma- and stressor-related disorder. The Veteran's claims for service connection for degenerative joint disease of multiple joints were remanded.
- Whole decision: Denied
The Veteran's service-connected disabilities did not render her unable to obtain or maintain gainful employment until December 22, 2011. The Board denied entitlement to TDIU for the periods specified.
- Whole decision: Remanded (sent back)
The Veteran's claim for higher initial disability ratings for a lumbar spine disability is being remanded due to the inadequacy of previous VA examinations that did not consider functional limitations during flare-ups. Additional medical records and another VA examination are needed.
- Whole decision: Remanded (sent back)
The Board has determined that additional development is necessary to properly adjudicate the Veteran's claims for service connection and increased rating, including obtaining missing service treatment records and conducting appropriate VA examinations.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.