The Veteran's lumbar spine disability is currently rated at 40 percent, but the Board finds that a higher rating is not warranted as his range of motion does not meet the criteria for an increased rating.
The deciding factor: The Veteran's forward flexion of the thoracolumbar spine was limited to 30 degrees with pain, which is within the current 40% rating threshold and does not meet the criteria for unfavorable ankylosis or higher ratings based on limitation of motion.
- Claimed conditions
- Degenerative Joint Disease Osteoarthritis, Lumbar Degenerative Disc Disease, Bilateral Lumbar Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 18, 2023
- Citation
- 23002945
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 23002945.
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 Board has remanded the case due to an inadequate medical opinion regarding whether PTSD is caused or aggravated by the Veteran's service-connected lumbar degenerative disc disease. The case will be returned for further development.
- Denied
The Veteran's claims for PTSD, an initial rating in excess of 50 percent for acquired psychiatric disorder, and increased ratings for left knee patellofemoral syndrome and left lower extremity radiculopathy were denied. The Veteran's claim for a TDIU was also remanded.
- Granted
The Board granted service connection for multiple conditions, including IBS, somatic symptom disorder, lumbar degenerative disc disease, and various radiculopathies and strains, finding that these conditions are related to the Veteran's military service or secondary to a service-connected disability.
- Partly granted
The Board restored the 20 percent rating for lumbar degenerative disc disease, finding that the reduction was improper. The other claims for increased ratings were denied.
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