The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied. The Board found that the evidence did not support an increased rating beyond 20 percent prior to June 21, 2021 and 40 percent thereafter.
The deciding factor: The VA examinations showed limited forward flexion in the Veteran's back, but no higher ratings were warranted as there was no evidence of unfavorable ankylosis or incapacitating episodes due to intervertebral disc syndrome (IVDS).
- Claimed conditions
- Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 5, 2021
- Citation
- 21067685
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 21067685.
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 determined that there is a need for additional medical examination and opinion to address the Veteran's claim of service connection for a back disability, including DDD of the lumbar spine. The current VA opinions are deemed inadequate due to their failure to consider the Veteran's lay reports of in-service injury and continuous symptomatology since service.
- Whole decision: Denied
The Veteran's service-connected disabilities, including degenerative disc disease of the lumbar spine and bilateral hearing loss, do not render him unable to secure or follow a substantially gainful occupation.
- Whole decision: Denied
The Veteran's claim for a higher rating for his degenerative disc disease of the lumbar spine was denied as his symptoms did not meet or approximate the criteria for a higher evaluation.
- Whole decision: Granted
The Board has granted service connection for OSA as secondary to the Veteran's service-connected DDD of the lumbar spine, finding that his service-connected condition aggravated his nonservice-connected OSA.
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