The Veteran's service-connected degenerative disc disease of the lumbar spine with IVDS was found to not warrant a higher rating prior to January 28, 2014 and from that date up until May 2017. The current disability evaluation is 40 percent.
The deciding factor: The Veteran's range of motion did not meet the criteria for any higher ratings under the General Rating Formula for Diseases and Injuries of the Spine due to his forward flexion limited at most to 70 degrees, which was less than the required 60 degrees for a 20 percent rating.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 24, 2017
- Citation
- 1735106
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. Read the original VA decision (opens in a new tab) using citation 1735106.
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: Remanded (sent back)
The Board has found that there has not been substantial compliance with the October 2025 remand directives and additional medical opinions discussing the ameliorative effects of medication related to the Veteran's lumbar spine, right shoulder, and headache disabilities must be obtained.
- Whole decision: Remanded (sent back)
The Board remands the claims for further development and readjudication.
- Whole decision: Remanded (sent back)
The Board remands the claims for a higher disability rating and TDIU due to the need for a new VA examination.
- Whole decision: Granted
The Veteran's service-connected disabilities prevent him from obtaining and maintaining substantially gainful employment due to his limitations on walking, sitting, standing, lifting, carrying, and sleep disturbances.
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