The Board denied the Veteran's claim for higher staged ratings for his lumbar spine disorder, finding that the evidence did not reach equipoise as to whether he had functional impairment to warrant a higher rating at any point during the rating period.
The deciding factor: The most probative evidence does not reach the level of equipoise as to whether the Veteran’s lumbar spine disorder manifested functional impairment to the extent that higher staged ratings may be granted at any time during the rating period.
- Claimed conditions
- lumbar spine degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 4, 2020
- Citation
- 20071407
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 20071407.
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.
- Granted
The Veteran's service-connected disabilities, including lumbar spine degenerative joint and disc disease, osteoarthritis of the right hand second digit and thumb, asthma, left lower extremity radiculopathy, right lower extremity radiculopathy, hypertension, hiatal hernia with gastroesophageal reflux disease (GERD), prostate cancer with prostatectomy, bilateral hearing loss, erectile dysfunction, right thigh residual scar, right index finger scar, and abdomen scar, have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU.
- Denied
The Veteran's lumbar spine disability, which resulted in a 40 percent rating, did not meet the criteria for a higher rating as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or the entire spine, or functional equivalent thereof.
- Remanded (sent back)
The Veteran's TDIU claim was remanded due to issues with the Board's analysis of his educational history and work capacity. The case is now being returned for further consideration.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance, which grants SMC based on the need for aid and attendance. As a result, there is no question left to decide regarding entitlement to SMC by reason of being housebound.
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.