The Veteran's initial request for higher ratings for his service-connected back condition was denied. The rating assigned prior to June 6, 2019, is 10 percent and the rating after that date is 40 percent.
The deciding factor: The evidence did not show ankylosis of the thoracolumbar spine at any point during the appeal period.
- Claimed conditions
- Degenerative disc disease of the lumbar spine with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 21, 2023
- Citation
- 23017621
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 23017621.
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 cases for additional development to obtain updated VA treatment records and any relevant private treatment records. The Veteran must provide authorization for these records.
- Granted
The Veteran's lumbar disability, right and left lower extremity sciatic radulopathy, and cervical spine disability are all granted service connection. The cervical spine disability is remanded for further examination.
- Remanded (sent back)
The Veteran's low back disability is currently rated at 40 percent for the period from August 27, 2007 to July 21, 2013. The Board has determined that additional development is needed due to conflicting evidence regarding the extent of his disability during this time.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a disability rating in excess of 20 percent for degenerative disc disease of the lumbar spine with intervertebral disc syndrome prior to June 17, 2022, and in excess of 40 percent from June 17, 2022 onward. The remand requires obtaining a new VA examination that includes retrospective estimates of the Veteran's lumbar spine range of motion for the period from May 31, 2013, onward.
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.