The Veteran's claim for increased evaluations for his lumbar spine disability was denied. The criteria for higher ratings were not met prior to October 12, 2020, and from that date, the evidence did not support a rating in excess of 40 percent.
The deciding factor: The evidence did not show flexion limited to 30 degrees or less, nor was there ankylosis of the thoracolumbar spine. The Veteran's symptoms were consistent with a 40 percent rating for IVDS but no bed rest episodes warranting higher ratings have been documented.
- Claimed conditions
- Chronic lumbar strain, 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
- January 13, 2021
- Citation
- 21002531
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 21002531.
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 Board has granted service connection for degenerative arthritis of the spine, right knee degenerative arthritis, left knee degenerative arthritis, right ankle degenerative arthritis, and left ankle degenerative arthritis.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Granted
The Veteran's low back disability is rated at 50 percent effective February 13, 2021. His left lower extremity sciatic nerve radiculopathy is rated at 80 percent from April 21, 2013 to February 12, 2021. The Veteran's TDIU claim has an earlier effective date of April 21, 2013.
- Granted
The Veteran's back condition is granted an increased disability rating of 40 percent, but no higher. The claims for service connection for LLE and RLE radiculopathies are remanded.
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