The Veteran's claim for a higher rating for his service-connected back disability was denied, and he was granted entitlement to a total disability rating due to individual unemployability.
The deciding factor: The May 2022 VA examination report did not address the functional loss in terms of additional limitation in range of motion or the diagnosis of reduced lumbar lordosis, which were deficiencies noted by the Board. The Veteran's back disability was rated at 20 percent under the General Rating Formula for Disease and Injuries of the Spine.
- Claimed conditions
- lumbar spine degenerative joint disease (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 28, 2023
- Citation
- 23012197
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 23012197.
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 back disability is granted a rating of 20 percent from February 9, 2016, to December 22, 2020. The claim for an increase in the rating prior to June 27, 2015, and from June 27, 2015, to February 9, 2016, is denied.
- Denied
The Veteran's claim for TDIU is denied as it is not factually ascertainable that an increase in the severity of his service-connected disabilities occurred within a year prior to December 17, 2015. The effective date for the grant of TDIU remains December 17, 2015.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional examinations and development of his VA treatment records.
- 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.