The Veteran's service-connected intervertebral disc syndrome has been rated at 40 percent since June 30, 2014. The Board found that the disability does not warrant a higher rating as there is no evidence of spinal ankylosis or incapacitating episodes over the past 12 months.
The deciding factor: The Veteran's intervertebral disc syndrome did not meet the criteria for a higher rating under Diagnostic Code 5243 due to lack of incapacitating episodes and lack of disc herniation with compression and/or irritation of the adjacent nerve root.
- Claimed conditions
- intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 29, 2021
- Citation
- 21026000
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 21026000.
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: Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Whole decision: Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Whole decision: Granted
The Veteran's lumbar spine condition, including degenerative arthritis, intervertebral disc syndrome, bilateral lower extremity radiculopathy, and lumbar hemangioma, is granted as service connected. The evidence supports the conclusion that these conditions began during her military service.
- Whole decision: Granted
The Veteran's claim for service connection for a low back disability was granted effective May 13, 2024. The effective date is based on the date of receipt of her completed supplemental claim.
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.