The Veteran's claim for a rating in excess of 20 percent for his service-connected lumbar spine disability from June 13, 2009 to August 28, 2016 was denied. The Board found that the disability did not meet or approximate the criteria for a higher rating based on limitation of motion and intervertebral disc syndrome with incapacitating episodes.
The deciding factor: The Veteran's lumbar spine disability did not result in forward flexion to 30 degrees or less, nor did it have at least 4 weeks of total duration of incapacitating episodes during the past 12 months. The rating assigned was based on limitation of motion and pain, which are considered in the current schedular evaluation.
- Claimed conditions
- spondylosis with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 8, 2020
- Citation
- 20065615
Veterans Law Judge
Decisions by this judge: 1,350 · Granted: 26% (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 20065615.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions. The issues include back disability, bilateral hearing loss, and tinnitus.
- Remanded (sent back)
The Board has remanded the case for a new VA medical opinion regarding additional functional loss with repeated use over time from June 13, 2009, to August 28, 2016. The decision also deferred consideration of whether to refer for an extraschedular rating until after the increased rating issue is adjudicated.
- Remanded (sent back)
The Veteran's right knee osteoarthritis changes status post arthroscopic repair is rated at 10 percent, and the Veteran has a separate evaluation of 10 percent for right knee instability. The Veteran’s tinnitus is currently evaluated as 10 percent disabling.,For his cervical spine conditions, the Veteran has been granted evaluations in excess of 20 percent from February 5, 2015. His lumbar spine condition remains at a 20 percent evaluation prior to February 5, 2015 and is rated as 40 percent disabling after that date.,The Veteran's progressive muscle atrophy associated with spondylosis with degenerative disc disease of the lumbar spine has been remanded for further review. His sleep apnea remains at a 50 percent evaluation, and his radiculopathy conditions have also been remanded.
- Granted
The Veteran's claim for increased ratings and service connection were granted. The Veteran was assigned a 40% disability rating for the lumbar spine condition effective August 29, 2016, and TDIU was granted from that date.
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.