The Veteran's low back syndrome has not met the criteria for a disability rating in excess of 30 percent prior to November 8, 2018 and has not met the criteria for a disability rating in excess of 40 percent since November 8, 2018.
The deciding factor: The Veteran's flexion of the thoracolumbar spine was at worst 45 degrees, which does not meet the requirement for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Low Back Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 22, 2020
- Citation
- 20035749
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 20035749.
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 Veteran's claim for an effective date of November 22, 2022 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. The effective date is based on continuous pursuit of his increased disability rating claims and the fact that he meets the criteria for TDIU due to service-connected disabilities.
- Whole decision: Granted
The Veteran was granted a TDIU from January 1, 2011 to December 31, 2013 due to service-connected disabilities. The effective date for Dependents' Educational Assistance (DEA) benefits prior to February 1, 2015 is denied as the Veteran does not have a total disability rating during that period.
- Whole decision: Partly granted
The Veteran would have been entitled to receive compensation at the 10 percent rate for a low back syndrome from May 17, 1979, but the July 18, 1988, decision denied both an earlier effective date and an increased rating. The Board found no CUE in either decision.
- Whole decision: Granted
The Veteran's low back syndrome is rated at 40 percent since April 15, 2010. The Board granted a TDIU based on the combined effect of his service-connected disabilities.
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