The Veteran's back disability, including lumbosacral strain, degenerative arthritis, and IVDS, has been rated at 40 percent since July 23, 2009 to December 13, 2012, and from February 1, 2013 forward. The Board found that the disability did not meet criteria for a higher rating due to lack of incapacitating episodes or unfavorable ankylosis.
The deciding factor: The Veteran's back disability has consistently resulted in forward flexion of the thoracolumbar spine at 30 degrees or less, without evidence of unfavorable ankylosis. There were no incapacitating episodes of IVDS during the appeal period.
- Claimed conditions
- lumbosacral strain, degenerative arthritis, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 6, 2021
- Citation
- 21000765
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 21000765.
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 has restored the Veteran's rating for his right elbow condition from 10 percent to 20 percent effective May 5, 2025, finding that the evidence was in equipoise regarding whether there had been improvement in the Veteran's ability to function under ordinary conditions of life and work.
- Whole decision: Granted
The Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Whole decision: Granted
The Veteran's service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Whole decision: 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.
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