The Veteran's claim for a rating in excess of 40 percent for his lower back disability, to include a rating in excess of 20 percent prior to May 8, 2019, was denied. The Board found that the evidence did not show functional limitation consistent with a higher 40 percent evaluation or unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's range of motion testing showed flexion to 30 degrees after repetitive use, which is sufficient for a 40% rating. The Board found no evidence of unfavorable ankylosis or higher ratings based on IVDS criteria.
- Claimed conditions
- lower back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 25, 2019
- Citation
- 19181208
Veterans Law Judge
Decisions by this judge: 2,329 · Granted: 31% (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 19181208.
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: Remanded (sent back)
The Board has determined that new and relevant evidence has been received to reconsider the Veteran's claims for service connection for left hip, left knee, right hip, and lower back disabilities. The claim for left hip disability is remanded due to a pre-decisional duty to assist error.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for left knee and lower back disabilities due to incomplete information about the Veteran's duty status during his periods of active service in the National Guard and Reserves.
- Whole decision: Granted
The Board has granted service connection for the Veteran's lower back disability, finding that it is etiologically related to his in-service duties of lifting heavy equipment.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for service connection for lower back disability, migraine headaches, fibromyalgia, CFS, and PTSD due to lack of a current diagnosis. The appeal is now remanded for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.