The Veteran's claim for a higher rating for his recurrent lower back strain to include IVDS prior to August 13, 2018 was granted. However, the claim for a rating in excess of 40 percent after that date was denied.
The deciding factor: The medical evidence did not meet the criteria for a higher rating based on forward flexion or combined range-of-motion limitations.
- Claimed conditions
- Recurrent lower back strain, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 19, 2021
- Citation
- 21003029
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 21003029.
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 Veteran's back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
- Whole decision: Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Whole decision: Denied
The Veteran's claim for a higher rating for lumbosacral strain with IVDS from January 23, 2020 is denied. The claim for service connection for erectile dysfunction as secondary to major depressive disorder is granted. The Veteran is also entitled to SMC based on the loss of use of a creative organ.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his inability to perform multiple activities of daily living and a need for supervision based on symptoms or residuals of neurological impairment. The decision also requires an evaluation of whether participation in the PCAFC program would be in the best interest of the Veteran.
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.