The Veteran's service-connected degenerative arthritis of the spine and intervertebral disc syndrome is rated at 40 percent since June 27, 2013. Prior to that date, his disability was characterized by pain and limited forward flexion of the thoracolumbar spine (30 degrees or less), but no ankylosis or incapacitating episodes.
The deciding factor: The Veteran's disability did not meet the criteria for a higher rating as it did not include unfavorable ankylosis, nor did he have any incapacitating episodes during the past 12 months.
- Claimed conditions
- Degenerative Arthritis of the Spine, Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 6, 2023
- Citation
- 23021177
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 23021177.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Granted
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- Denied
The Veteran's initial evaluation for cervical spine disability remains at 10 percent, as his symptoms do not meet the criteria for a higher rating under VA regulations.
- Remanded (sent back)
The Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
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