The Veteran's claim for an evaluation in excess of 40 percent for his low back disability is denied. The evidence does not show unfavorable ankylosis or incapacitating episodes as required for a higher rating.
The deciding factor: The medical evidence does not demonstrate either unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, nor does it show at least six weeks of total duration of incapacitating episodes within the past year.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 6, 2017
- Citation
- 1706794
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 1706794.
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.
- Denied
PTSD, a back condition, and flat feet were not granted service connection prior to October 22, 2008.,The Veteran's claims for these conditions were submitted after the one-year period following separation from active duty.
- Denied
The Veteran's lumbar spine disability was granted a 40% rating for the period prior to November 20, 2010. For the period on appeal, his claim for an increased rating was denied.
- Remanded (sent back)
The Veteran's service-connected lumbar spine and bilateral knee disabilities are remanded for further evaluation due to the potential need for surgical intervention.
- Denied
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.
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