The Veteran's claim for an increased rating greater than 40 percent for service-connected degenerative disc disease of the low back from June 16, 2011 was denied. The Board found that the evidence did not show any incapacitating episodes or unfavorable ankylosis during the appeal period.
The deciding factor: The Veteran's symptoms were consistent with a 40 percent rating and there was no evidence of incapacitating episodes or unfavorable ankylosis as required for higher ratings.
- Claimed conditions
- Degenerative disc disease of the low back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 10, 2019
- Citation
- 19170082
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 19170082.
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 granted service connection for a low back disability and cervical spine disability, to include bilateral upper extremity radiculopathy.
- Whole decision: Remanded (sent back)
The Board has vacated its January 2022 decision, which denied increased ratings for the Veteran's low back disability and right lower extremity nerves. The issues of increased ratings for sciatic radiculopathy and femoral radiculopathy are remanded. A compensable rating for a surgical scar on the back is also remanded.
- Whole decision: Granted
The Veteran's neck and low back disabilities are granted as service-connected, with the Board finding that there is at least a 50% likelihood that these conditions were caused by his military service.
- Whole decision: Remanded (sent back)
The Veteran's claim for higher ratings for degenerative disc disease of the low back, left and right lower extremity radiculopathy was denied. The case is remanded due to additional development needed.
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