The Veteran's initial claim for a higher rating for thoracolumbar scoliosis, strain, and degenerative disc disease prior to September 9, 2016 was denied as his disability did not meet the criteria for a rating in excess of 20 percent.,The Veteran's claim for a higher rating for degenerative arthritis of the spine and IVDS from September 9, 2016 was also denied as his disability did not meet the criteria for a rating in excess of 40 percent.
The deciding factor: The evidence showed that prior to September 9, 2016, the Veteran's thoracolumbar scoliosis, strain, and degenerative disc disease was manifested by flexion no worse than 90 degrees; did not result in associated neurological abnormalities other than service-connected sciatica of the bilateral lower extremities; and did not result in IVDS with incapacitating episodes. The Board found that even considering the Veteran's lay reports of symptoms and noted functional loss, the degree of additional limitation reflected by his testimony of flare-ups resulting in radiation of pain down both legs would not result in limitation of motion more nearly approximating forward flexion of the thoracolumbar spine to 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- thoracolumbar scoliosis, strain, degenerative disc disease, degenerative arthritis of the spine, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2020
- Citation
- 20065973
Veterans Law Judge
Decisions by this judge: 2,548 · Granted: 31% (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 20065973.
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.
- Dismissed
The Veteran's appeal for a higher rating for right foot disability status post Mitchell's bunionectomy is granted with an effective date of July 25, 2023.,The Veteran's appeal for a higher rating for left foot disability status post Mitchell's bunionectomy is dismissed as it does not meet the criteria for an earlier effective date.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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.