The Veteran's claim for an increased rating for lumbar spine degenerative disc disease is denied as the current disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code.
The deciding factor: The evidence shows that the Veteran's lumbar spine degenerative disc disease has resulted in forward flexion of at least 30 degrees, which corresponds to a 40 percent rating. However, there is no evidence showing limitation of motion or other criteria for higher ratings under any applicable diagnostic codes.
- Claimed conditions
- lumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 7, 2021
- Citation
- 21041032
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 21041032.
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 Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Whole decision: Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Whole decision: Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Whole decision: Dismissed
The Veteran has withdrawn his appeals for increased disability ratings in excess of 20 percent for lumbar spine degenerative disc disease and right shoulder labral tear, including superior labral anterior-posterior lesion. The appeal is dismissed.
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