This decision denies an initial evaluation in excess of 40 percent for chronic thoracolumbar strain, to include degenerative disc disease, IVDS, and status post lumbar discectomy fusion. It also denies a higher initial evaluation for radiculopathy of the right lower extremity. The Veteran's left lower extremity radiculopathy is granted an initial evaluation of 20 percent prior to April 27, 2016, but denied any increase since that date.
The deciding factor: The evidence does not support a finding of favorable ankylosis or incapacitating episodes requiring bedrest and treatment by a physician for the Veteran's thoracolumbar strain.
- Claimed conditions
- Chronic thoracolumbar strain, Degenerative disc disease, IVDS (Intervertebral Disc Syndrome), Status post lumbar discectomy fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 9, 2020
- Citation
- 20001714
Veterans Law Judge
Decisions by this judge: 1,446 · Granted: 21% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 20001714.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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