The Veteran's claim for a higher rating for his degenerative disc and joint disease of the lumbar spine was denied as his disability did not meet or approximate the criteria for a rating in excess of 20 percent.
The deciding factor: The Veteran's forward flexion of the thoracolumbar spine was limited to no less than 50 degrees, which is greater than the 30 degrees required for a 40 percent rating under the rating criteria. There is no evidence of fixation of the spine or actual diagnosis of ankylosis.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 18, 2021
- Citation
- 21063835
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 21063835.
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 Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Whole decision: Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Whole decision: Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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