The Veteran's claim for a higher rating for his back disability and associated radiculopathies has been denied. The evidence does not meet the criteria for a higher than 20 percent rating prior to November 12, 2015, or greater than 40 percent from that date.
The deciding factor: The Veteran's lumbar spine disability did not result in ankylosis of the entire thoracolumbar spine and his forward flexion was within normal limits. The radiculopathies were also rated separately as they do not warrant a higher rating under the criteria for IVDS.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracolumbar spine, L4-5, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 29, 2019
- Citation
- 19167337
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 19167337.
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.
- Denied
The Board denied the Veteran's claims for an earlier effective date, a higher rating for DJD of the right hip with limitation of rotation and adduction, and higher ratings for DJD of the thoracolumbar spine.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to incomplete information regarding her reported flare-ups. The VA will obtain updated treatment records, schedule a new examination, and then readjudicate the claims.
- Remanded (sent back)
The Veteran's claims for a higher rating for his thoracolumbar spine DJD and TDIU are being remanded due to the need for additional examinations and records.
- Remanded (sent back)
The Board has remanded the cases for additional development to obtain medical records and for a VA examination to determine if the Veteran's current spine, left knee, and right knee conditions are related to service.
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