The Board denied higher ratings for the Veteran's low back and left ankle disabilities, finding that the criteria for a rating higher than 40 percent for the low back disability have not been met. The criteria for a rating higher than 20 percent for the left ankle disability have also not been met.
The deciding factor: The Board found no evidence of unfavorable ankylosis or IVDS in either condition, and thus could not assign a higher rating based on those factors. Additionally, there was no functional equivalent of unfavorable ankylosis during flare-ups or with repeated use over time for the low back disability.
- Claimed conditions
- Degenerative arthritis of the lumbar spine (low back disability), Left ankle injury, status post-surgical reconstruction (left ankle disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 14, 2021
- Citation
- 21074167
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. Look up the original decision on VA.gov (opens in a new tab) using citation 21074167.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's low back disability, including degenerative arthritis of the lumbar spine, is considered to have originated during his active service and continues today. The Board has therefore granted service connection for this condition.
- Granted
The Board granted service connection for degenerative arthritis of the lumbar spine, resolving reasonable doubt in favor of the Veteran.
- Partly granted
The Board granted service connection for a low back disability, right lower extremity radiculopathy, and left lower extremity radiculopathy. The claims for headaches and gastrointestinal issues were remanded.
- Remanded (sent back)
The Board remands the claims for service connection of degenerative arthritis of the lumbar spine, right shoulder, and left shoulder due to inadequate medical opinions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.