The Veteran's degenerative disc disease of the lumbar spine with mild levoscoliosis of thoracic spine is currently rated at 20 percent, but does not meet the criteria for a higher rating as his symptoms do not warrant an increase to any higher schedular rating.
The deciding factor: The Veteran’s current disability picture does not meet or approximate the criteria for a higher schedular rating under Diagnostic Codes 5237 and 5243, as his range of motion is within the limits that would warrant a higher rating (forward flexion greater than 30 degrees but not greater than 60 degrees in the thoracolumbar spine).
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Mild levoscoliosis of thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 14, 2022
- Citation
- 22057939
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 22057939.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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