For the period prior to June 17, 2018, the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. For the period beginning June 17, 2018, the Veteran's lumbar spine disability most closely approximated forward flexion of the thoracolumbar spine less than 30 degrees but not greater than 60 degrees.,For the entire period on appeal, the Veteran's separate right and left lower extremity sciatic radiculopathy disabilities were rated at 20 percent each.
The deciding factor: The medical evidence of record did not reflect that the Veteran's lumbar spine disability resulted in flexion limited to 30 degrees or less during the relevant period, nor did it indicate unfavorable ankylosis.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 20, 2023
- Citation
- 23003681
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 23003681.
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 Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion of the thoracolumbar spine limited to 30 degrees or less, ankylosis, or incapacitating episodes.
- Whole decision: Remanded (sent back)
The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.
- Whole decision: Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2016. The Board denied a higher rating as the evidence does not support an increase in his current rating.
- Whole decision: Remanded (sent back)
The Board has determined that the previous remand directives have not been substantially complied with, and thus another remand is required.
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