The Veteran's appeal for a higher rating for his low back disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, which is required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The Veteran's range of motion in his thoracolumbar spine was limited but not to the extent that would warrant a higher rating due to the absence of unfavorable ankylosis.
- Claimed conditions
- Thoracolumbar degenerative disc disease, Levoscoliosis (low back disability), Left lower extremity radiculopathy with femoral nerve involvement, Right lower extremity radiculopathy with femoral nerve impairment
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 18, 2019
- Citation
- 19147577
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.
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The Veteran was granted a total disability rating based on individual unemployability due to service-connected disabilities from February 11, 2019. He also received increased ratings for his radiculopathy in the right and left lower extremities.
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- Remanded (sent back)
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