The Veteran's lumbar spine DDD disability was rated at 40 percent prior to March 23, 2021. The Board granted an increased evaluation to this rating based on the functional equivalent of favorable ankylosis.
The deciding factor: The Veteran exhibited forward flexion to 80 or 90 degrees at examination but during flare-ups, he reported difficulty standing to the point of being confined to bed for at least a couple days with frequency of multiple episodes monthly. This was considered functional equivalent to favorable ankylosis.
- Claimed conditions
- DDD lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 4, 2023
- Citation
- 23000315
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000315.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's DDD lumbar spine and right lower extremity sciatica were aggravated during his ACDUTRA service, warranting service connection for these conditions.
- Remanded (sent back)
The Veteran's service-connected DDD lumbar spine, cervical spine, left and right medial tibial stress syndrome, bilateral hearing loss, and hypertension are being remanded for further evaluation to determine their current severity.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for DDD lumbar spine with IVDS and mechanical low back pain (claimed as lower back injury) due to insufficient evidence linking his current diagnosis to service. A VA examination is needed to provide a medical opinion on this issue.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.