The Veteran's low back disability was granted an initial 20 percent rating prior to December 1, 2017. From March 12, 2022 onwards, a higher rating is denied. Peripheral neuropathy of the lower extremities and radiculopathy are also rated at 10 percent.
The deciding factor: The evidence did not meet the criteria for an increased rating due to lack of forward flexion or unfavorable ankylosis of the thoracolumbar spine, and no incapacitating episodes were noted.
- Claimed conditions
- Degenerative arthritis, Lumbosacral strain, IVDS (Intervertebral Disc Syndrome), Spondylolisthesis, Disc bulging
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- January 12, 2023
- Citation
- 23002260
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 23002260.
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.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Board has decided to remand the case due to a deficiency in the April 2024 VA medical examination, specifically regarding passive range of motion testing for pain.
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