The Board denied the Veteran's claim for a rating in excess of 40 percent for his multilevel degenerative disc disease, finding that the evidence did not meet the criteria for an increased rating due to lack of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes with a total duration of at least six weeks during the past twelve months, which are required for a higher rating under the applicable diagnostic codes.
- Claimed conditions
- multilevel degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 27, 2021
- Citation
- 21004688
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 21004688.
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.
- Remanded (sent back)
The Board has determined that the Veteran's service connection claim for a lumbar spine disability should be remanded due to a duty to assist error.
- Granted
The Board has granted service connection for the Veteran's back disability, diagnosed as multilevel degenerative disc disease and facet arthropathy, finding that it is related to his in-service injury.
- Dismissed
The Veteran's appeal for a higher rating for spondylosis with diffuse degenerative arthritis and multilevel degenerative disc disease is dismissed as the Veteran withdrew his appeal in October 2023.
- Granted
The Board has reopened the claim for service connection for scoliosis and granted service connection for a lumbar spine disability. The Veteran's current conditions are attributed to military service.
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