The Veteran's claims for increased ratings for his thoracolumbar spine disability and radiculopathy of the right lower extremity were denied. The Board found that the evidence did not show ankylosis or muscle spasm severe enough to result in abnormal gait or spinal contour, nor did it show forward flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or intervertebral disc syndrome with incapacitating episodes. The Veteran's current ratings for these conditions remain unchanged.
The deciding factor: The evidence did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine (General Rating Formula) due to lack of ankylosis, muscle spasm severe enough to result in abnormal gait or spinal contour, forward flexion limited to 60 degrees or less, combined range of motion of 120 degrees or less, or intervertebral disc syndrome with incapacitating episodes.
- Claimed conditions
- Thoracolumbar spine disability, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 23, 2022
- Citation
- 22071527
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. Read the original VA decision (opens in a new tab) using citation 22071527.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
- Whole decision: Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Whole decision: Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
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