The Veteran's lower back disability, including IVDS and DDD lumbar spine L2-L3 with foramen narrowing L4-L5, was rated at 40 percent effective January 30, 2018. The claim for an increased rating is denied.
The deciding factor: The VA examiner found that the Veteran's disability did not meet criteria for a higher rating as his forward flexion of the thoracolumbar spine was 30 degrees or less and he had unfavorable ankylosis of the entire thoracolumbar spine, warranting a 40 percent rating.
- Claimed conditions
- Degenerative Disc Disease (DDD), Intervertebral Disc Syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 29, 2020
- Citation
- 20007650
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.
- Partly granted
The Board granted service connection for tinnitus and left ear hearing loss disability, but remanded the issue of a compensable rating for right ear hearing loss. The increased rating claim for IVDS was withdrawn by the Veteran.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease and associated radiculopathy, as the record does not include all relevant treatment records prior to back surgery.
- Partly granted
The Board granted a restored 20% rating for lumbar strain, an increased 40% rating for left lower extremity radiculopathy, and a 40% rating for right lower extremity radiculopathy. The appeal regarding service connection for IVDS was dismissed as moot.
- Partly granted
The Board granted service connection for IVDS, left and right lower extremity radiculopathies (sciatic and femoral nerves), and increased the rating for PTSD and claustrophobia to 70 percent. The right knee condition and erectile dysfunction were remanded.
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