The Veteran's low back disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted based on the current evidence.
The deciding factor: The Veteran's thoracolumbar spine limitation of motion was manifested by 20 degrees of forward flexion with pain at 0 degrees, 5 degrees of extension with pain at 0 degrees, lateral flexion of 10 degrees bilaterally with pain at 0 degrees, and lateral rotation of 10 degrees with pain at 0 degrees. These findings do not meet the criteria for a higher rating.
- Claimed conditions
- Degenerative disc disease, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 30, 2016
- Citation
- 1639944
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 1639944.
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 remands the claims for increased ratings and TDIU due to pre-decisional duty to assist errors.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error and will schedule the Veteran for a new VA examination to assess the current severity of his lumbar spine disability, including whether it manifests in the functional equivalent of ankylosis.
- Remanded (sent back)
The Veteran's claim for a higher initial rating for his back condition remains pending before the Board. The case is remanded due to unclear functional limitations reported in May 2021 opinion and need for clarification regarding the period of appeal.
- Granted
The Veteran is granted a TDIU effective October 1, 2004 due to his service-connected disabilities preventing him from securing and following substantially gainful employment.
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.