The Veteran's claim for a higher rating for his mechanical low back pain and intervertebral disc syndrome was denied as he does not meet the criteria for a higher rating based on limitation of motion or incapacitating episodes.
The deciding factor: The Veteran's current 40 percent disability rating is based on standard criteria contained in VA’s General Rating Formula for Diseases and Injuries of the Spine, which requires forward flexion of the thoracolumbar spine to be limited to 30 degrees or less. The March 2017 examination established that he does not have ankylosis of his thoracolumbar spine.
- Claimed conditions
- Mechanical low back pain, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 13, 2018
- Citation
- 18118336
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 18118336.
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 Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Granted
The Veteran's back disability and bilateral lower extremity radiculopathy have been granted increased ratings, with the effective date set at February 19, 2021.
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