The Veteran's back disability prior to October 20, 2016 was rated at 20 percent and denied a higher rating.
The deciding factor: The VA examiner found no evidence of forward flexion of the thoracolumbar spine to 30 degrees or less during flare-ups, which is required for a 40% rating under DC 5243.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 10, 2021
- Citation
- 21068624
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 21068624.
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 granted service connection for intervertebral disc syndrome (IVDS), lumbar spine, and bilateral lower extremity radiculopathy as secondary to the Veteran's service-connected bilateral knee disabilities.
- Whole decision: Partly granted
The Board granted ratings of 10 percent for allergic rhinitis, 30 percent for carpal tunnel syndrome (CTS) right upper extremity, and 30 percent for gastroesophageal reflux disease (GERD), while denying a rating in excess of 70 percent for depressive disorder. The IVDS lumbar spine was granted a 40 percent rating, with separate ratings of 20 percent each for the left and right lower extremities.
- Whole decision: Granted
The Board granted restoration of service connection for intervertebral disc syndrome and left lower extremity radiculopathy, finding that the original decisions to sever these conditions were improper.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for the award of a 40 percent rating for IVDS prior to October 13, 2016 was denied. The Veteran did not file a timely appeal after the November 2011 decision.,The Veteran's claim for service connection for left second toe scar is dismissed as he did not file a timely appeal of the December 2009 rating decision that granted service connection with an effective date of November 26, 2008.,The Veteran's claim for a compensable rating for erectile dysfunction was denied. The evidence does not show penile deformity or other impairment associated with erectile dysfunction.,The Veteran's claim for a higher rating for IVDS is denied as the evidence does not show ankylosis of the thoracolumbar spine, and there are no incapacitating episodes meeting the criteria for a 60 percent rating under the Formula for Rating IVDS Based on Incapacitating Episodes.,The Veteran's claim for TDIU based on service-connected disabilities is granted as his education and work history prevented him from performing employment duties due to his service-connected disabilities.,The Veteran's claims for bilateral hip disability, right ear hearing loss, PTSD, joint condition, and dental condition are remanded as new evidence has been submitted that may reopen these previously denied claims.,The Veteran's claim for a compensable rating for right ear hearing loss is remanded as new evidence has been submitted that may reopen this previously denied claim.
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