The Veteran's claim for an increased rating for her lumbar spine disability was denied. The Board found that the evidence did not warrant a higher rating under any applicable diagnostic codes.
The deciding factor: The evidence showed forward flexion limited to 40 degrees with a combined ROM of 110 degrees, which does not meet the criteria for a 20 percent or higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's disability was found to be rated at 40 percent based on the January 2014 VA examination.
- Claimed conditions
- Osteoarthritis of the lumbar spine, Degenerative disc disease (DDD), Discogenic disease, IVDS (intervertebral disc syndrome)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 18, 2022
- Citation
- 22058255
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 22058255.
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 service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
- 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.
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