The Veteran's back disability, which includes degenerative disc disease and other spinal conditions, is currently rated at 10 percent. The Board found that the evidence did not show flexion being less than 60 degrees or combined range of motion of the thoracolumbar spine being 120 degrees or less, which are required for a higher rating.
The deciding factor: The VA examinations and treatment records do not document flexion being less than 60 degrees and the combined range of motion of the thoracolumbar spine being 120 degrees or less, as required for a higher rating under the General Rating Formula for Disease and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease, Lateral recess stenosis, Neuroforaminal stenosis, Spondylopathy, Rotary scoliosis, Grade I retrolisthesis L4 and L5, Degenerative joint disease, Dextroscoliosis, Wedgeing compression T6, T12 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 18, 2021
- Citation
- 21069365
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 21069365.
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: Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Whole decision: Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Whole decision: Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Whole decision: Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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