The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied. The Board found that the evidence did not show unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The evidence did not indicate unfavorable ankylosis, which is required for a 50% rating under VA compensation criteria.
- Claimed conditions
- Degenerative disc disease with herniated disc L5-S1, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 22, 2022
- Citation
- 22035914
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 22035914.
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 back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
- Denied
The Veteran's claim for higher ratings for his service-connected back disability, bilateral lower extremity radiculopathies, and hypertension was denied. The rating for IVDS with bilateral facet arthropathy thoracolumbar spondylosis is not met as the evidence did not show forward flexion to 60 degrees or less, combined range of motion of 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour, or ankylosis (or its functional equivalent).,The Veteran's claims for higher ratings for his service-connected right and left lower extremity radiculopathies were not met as the evidence did not show at least moderate incomplete paralysis of the femoral nerve or sciatic nerve. The rating for hypertension was also denied.
- Denied
The Veteran's claim for a higher rating for lumbosacral strain with IVDS from January 23, 2020 is denied. The claim for service connection for erectile dysfunction as secondary to major depressive disorder is granted. The Veteran is also entitled to SMC based on the loss of use of a creative organ.
- Remanded (sent back)
The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his inability to perform multiple activities of daily living and a need for supervision based on symptoms or residuals of neurological impairment. The decision also requires an evaluation of whether participation in the PCAFC program would be in the best interest of the Veteran.
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.