The Veteran's lumbosacral spine disability is currently rated at 40 percent, which reflects the severity of her symptoms and functional impairment. The claim for increased ratings remains denied as there is no evidence of unfavorable ankylosis or incapacitating episodes that would warrant higher ratings under either the General Rating Formula or the IVDS Based on Incapacitating Episodes criteria.
The deciding factor: The Veteran's lumbosacral spine disability does not meet the criteria for a higher rating based on limitation of motion, as there is no evidence of unfavorable ankylosis. The claim remains denied as there are no incapacitating episodes or other factors that would warrant a higher rating under either the General Rating Formula or the IVDS Based on Incapacitating Episodes criteria.
- Claimed conditions
- Status post discectomy L5-S1 with intervertebral disc syndrome involving the right sciatic nerve and a scar, Degenerative joint disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 19, 2016
- Citation
- 1628653
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 1628653.
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.
- Granted
The Board granted service connection for degenerative joint disease of the thoracolumbar spine and cervical spine, finding that the evidence was approximately balanced as to whether these conditions were caused by an injury or event during active service.
- Denied
The Board denied an earlier effective date for the award of service connection for degenerative joint disease of the thoracolumbar spine, finding that August 10, 2023, is the earliest available date based on the Veteran's claim.
- Granted
The Board has determined that the Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, warranting a TDIU on an extraschedular basis.
- Granted
The Board has granted service connection for low back disabilities, including degenerative joint disease of the thoracolumbar spine and compensatory lumbar scoliosis. The decision is based on a finding that these conditions are related to the Veteran's active duty due to their progression from his in-service leg length discrepancy.
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