The Veteran's low back disability is rated at 20 percent from May 13, 2008. The Board found that the condition more closely approximated forward flexion greater than 30 degrees but not greater than 60 degrees, warranting a 20 percent rating. However, ankylosis was not present, thus preventing a higher rating.
The deciding factor: The Veteran's forward flexion of the lumbar spine was found to be more than 30 degrees but less than or equal to 60 degrees during the examination period, meeting the criteria for a 20 percent rating under Diagnostic Code 5237. Ankylosis (immobility and consolidation of a joint) was not present.
- Claimed conditions
- Low back strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 8, 2019
- Citation
- 19135578
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19135578.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims for additional examinations and opinions to address the Veteran's service-connected disabilities, specifically regarding his low back strain with degenerative joint disease, cervical spine condition, left clavicle fracture, and other symptoms. The issues are related to determining appropriate disability ratings based on the severity of these conditions.
- Denied
The Veteran's claims for an increased rating for low back strain with degenerative joint disease and TDIU were denied due to his failure to appear for scheduled VA examinations without showing good cause.
- Denied
The Veteran's claim for an increased disability rating and TDIU was denied. The Board found that the evidence did not support a higher disability rating for low back strain with degenerative joint disease, as his flexion remained above 30 degrees throughout the appeal period. For TDIU, the combined rating of 60% from service-connected disabilities met the threshold criteria but the Veteran was deemed unable to secure and follow substantially gainful employment due to his service-connected conditions.
- Denied
The Veteran's low back strain with degenerative joint disease is currently rated at 20 percent, and the right and left lower extremity radiculopathy associated with it are both rated at 40 percent. The Board found that these ratings were appropriate based on the evidence of record.
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