The Veteran's service-connected lumbar spine disability is currently rated at 40 percent, effective November 21, 2012. The appeal for a higher rating prior to that date has been denied.
The deciding factor: The evidence does not show the Veteran’s lumbar spine disability was manifested by unfavorable ankylosis of the entire thoracolumbar spine prior to November 21, 2012.
- Claimed conditions
- Degenerative disc disease (DDD) 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
- May 17, 2019
- Citation
- 19138762
Veterans Law Judge
Decisions by this judge: 2,050 · Granted: 23% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 19138762.
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: Granted
The Board has granted service connection for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), finding that it was incurred during active military service.
- Whole decision: Remanded (sent back)
The Board has determined that an earlier effective date for the increased evaluation of the Veteran's service-connected lumbar spine disability is not warranted. The issues of service connection for obstructive sleep apnea and hypertension are remanded due to insufficient evidence.
- Whole decision: Dismissed
The Board has dismissed appeals for ratings in excess of 20 percent, 10 percent, and 10 percent for degenerative disc disease (DDD) of the lumbar spine with intervertebral disc syndrome (IVDS), radiculopathy of the left lower extremity (LLE), and radiculopathy of the right lower extremity (RLE) respectively.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA and private medical records, scheduling a VA examination to assess occupational impairment due to service-connected disabilities, and clarifying the relevance of the Veteran's participation on a tribal council. The TDIU issue is also being remanded as it is inextricably intertwined with the rating assigned for the Veteran’s service-connected disabilities.
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