The Veteran's low back disability was rated at 10 percent prior to January 8, 2015. The Board denied a higher rating based on the lack of evidence showing forward flexion limited to 60 degrees or less, combined range of motion limited to 120 degrees or less, or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.
The deciding factor: The Veteran's back disability did not meet the criteria for a higher rating as defined by Diagnostic Code 5242 at that time.
- Claimed conditions
- lumbar degenerative disc disease (low back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 17, 2022
- Citation
- 22064395
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 22064395.
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 Board granted service connection for a low back disability and secondary service connection for right and left lower extremity radiculopathies based on new and relevant evidence.
- Dismissed
The Board has dismissed the Veteran's appeals for his low back disability, right knee disability, and sinusitis as he withdrew these claims through his authorized representative.
- Remanded (sent back)
The Board has remanded the claims for increased rating and TDIU due to service-connected low back disability. The Veteran needs additional medical opinions regarding his neurological conditions and retrospective findings of his low back disability, as well as a completed VA Form 21-8940.
- Remanded (sent back)
The Veteran's claim for increased ratings of his service-connected low back disability and lower extremity radiculopathy is remanded. Additionally, the TDIU claim is also remanded.
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