The Veteran's lumbar spine disability is rated at a 40 percent evaluation, but no higher, for the periods prior to December 1, 2017 and from December 1, 2017 to October 3, 2019. The appeal for an evaluation greater than 40 percent for the period since October 4, 2019 is denied.
The deciding factor: The evidence does not meet the criteria for a higher rating under DCs 5237 and 5242 due to lack of ankylosis or incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks.
- Claimed conditions
- lumbosacral spine degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 14, 2020
- Citation
- 20060309
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 20060309.
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 restoration of the 40 percent disability rating for the Veteran's service-connected back disability, effective from January 19, 2023.
- Whole decision: Granted
The Veteran's service-connected disabilities have rendered her unable to secure or follow substantially gainful employment, and she meets the requirements for special monthly compensation at the housebound rate. The TDIU is granted based on the combined 100 percent rating of all service-connected conditions.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for a back disability, finding insufficient evidence of an in-service injury and credible accounts from medical providers contradicting his assertions.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him so helpless as to be in need of regular aid and attendance of another person throughout the period on appeal, warranting SMC based on the need for aid and attendance.
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