The Veteran's claim for increased rating of lumbar spine intervertebral disc syndrome, with thoracic spine compression fracture and spondylosis was denied. The current rating is 40 percent disabling from March 16, 2018.
The deciding factor: The criteria for a higher rating were not met as the Veteran's forward flexion of the thoracolumbar spine was to at least 30 degrees or less, meeting the criteria for a 40 percent disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine intervertebral disc syndrome, thoracic spine compression fracture and spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2021
- Citation
- 21004349
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 21004349.
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.
- Denied
The Board denied requests for earlier effective dates for service connection of lumbar spine intervertebral disc syndrome, left lower extremity radiculopathy, right lower extremity radiculopathy, and right hand de Quervain's tenosynovitis.,The effective date for the grant of service connection was set at November 5, 2010.
- Remanded (sent back)
The Board has remanded the Veteran's claims for a rating in excess of 10 percent prior to August 11, 2016, and in excess of 20 percent on and after August 11, 2016, for lumbar spine intervertebral disc syndrome, degenerative arthritis, and strain residuals; ratings in excess of 20 percent for right lower extremity radiculopathy and left lower extremity radiculopathy. The Veteran's claim for TDIU prior to August 11, 2016 is also remanded.
- Granted
The Board has granted service connection for lumbar spine intervertebral disc syndrome and degenerative arthritis, but remanded the claim for a compensable rating for sleep apnea.
- Granted
Service connection for bilateral pes planus, lumbar spine intervertebral disc syndrome, right lower extremity radiculopathy, and obstructive sleep apnea (OSA) is granted.,Readjudication of the claims for service connection for a right wrist scar and a right wrist muscle injury are warranted.
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