The Veteran's initial claim for a higher rating for his lumbar spine disability prior to June 15, 2020 was denied as the evidence did not show flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour. The claim for a higher rating from June 15, 2020 was denied as the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's lumbar spine disability did not meet the criteria for a higher rating under either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.
- Claimed conditions
- Degenerative Joint Disease of the Lumbosacral Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 5, 2021
- Citation
- 21000555
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 21000555.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's back disability is rated at 40 percent effective January 30, 2013. The issue of service connection for seizures secondary to the low back disability has been remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to outstanding SSA records and VA treatment records, as well as inadequate opinions regarding service connection for sleep apnea. The issues include rating adjustments for low back disability and determining whether sleep apnea is related to service or aggravated by other conditions.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and effective dates are remanded due to procedural errors and need for additional medical opinions.
- Denied
The Veteran's claims for increased ratings and TDIU were denied. The rating for the low back disability was denied prior to September 23, 2002, from June 22, 2022 forward, and for left lower extremity radiculopathy from May 22, 2009 forward. The Veteran's neck disability claims were also denied.
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