The Veteran's lumbar spine degenerative disc disease with IVDS and scoliosis is currently rated at 60 percent, but the Board finds that his disability does not warrant a higher rating based on the frequency and duration of incapacitating episodes.
The deciding factor: The Veteran’s disability evaluations are assigned under the General Rating Formula for Diseases and Injuries of the Spine (Diagnostic Codes 5235-5242), with intervertebral disc syndrome rated separately under the Formula for Rating IVDS Based on Incapacitating Episodes. The criteria for a higher rating were not met due to the frequency and duration of incapacitating episodes.
- Claimed conditions
- Degenerative arthritis, Intervertebral disc syndrome (IVDS), Scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 24, 2023
- Citation
- 23023577
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 23023577.
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
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