The Veteran's back condition, which includes lumbar spine degenerative disc disease with intervertebral disc syndrome, has been rated at 20 percent since the appeal period began. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis of the lumbar spine, or incapacitating episodes having a total duration of at least four weeks during the past 12 months. Therefore, the claim for an increased rating in excess of 20 percent was denied.
The deciding factor: The evidence did not show forward flexion limited to 30 degrees or less, ankylosis of the lumbar spine, or incapacitating episodes having a total duration of at least four weeks during the past 12 months.
- Claimed conditions
- lumbar spine degenerative disc disease with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 27, 2023
- Citation
- 23011961
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 23011961.
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.
- Granted
The Veteran's TDIU claim is granted based on his service-connected lumbar spine disability. The SMC housebound and aid and attendance claims are denied due to lack of evidence showing the need for regular aid and assistance.
- Remanded (sent back)
The Board has remanded the Veteran's claims for left knee disability, lumbar spine degenerative disc disease with intervertebral disc syndrome, and acute sinusitis s/p septoplasty due to inadequate medical opinions regarding their etiology.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the veteran's request for an earlier effective date for service connection for both a back disability and a psychiatric disability, finding no clear and unmistakable error in prior rating decisions.
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