The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher rating is not warranted. The Veteran does not have unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes having a total duration of at least 6 weeks in any 12-month period.
The deciding factor: The Veteran's lumbar spine disability has been evaluated under the General Rating Formula for Diseases and Injuries of the Spine, which assigns ratings based on forward flexion of the thoracolumbar spine. The evidence shows that the Veteran's forward flexion is currently at 75 degrees with pain at 55 degrees, but there is no evidence of unfavorable ankylosis or incapacitating episodes.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Gout, Hiatal Hernia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 21, 2017
- Citation
- 1734235
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 1734235.
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
An effective date of September 7, 2018 is granted for service connection of PTSD.,A higher initial rating for hiatal hernia prior to May 2, 2017 is denied.,TDIU from September 7, 2018 is granted.
- Dismissed
The Veteran's appeals for higher ratings and effective dates related to CVA, obstructive sleep apnea, major depressive disorder, and gout have been dismissed.,The Veteran withdrew his claims for an initial rating in excess of 10 percent for a CVA with residuals, an effective date prior to January 14, 2011, for CVA, an initial rating in excess of 50 percent for obstructive sleep apnea, and an effective date prior to November 7, 2014, for obstructive sleep apnea.
- Remanded (sent back)
The Veteran's claim for service connection for a gastrointestinal disability, including hiatal hernia and GERD, is remanded due to the need for additional medical opinions. The Board finds that new evidence has been submitted but does not consider it relevant to the current decision.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain a medical examination for his sleep apnea claim. The right knee disability rating issue remains denied.
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.