The Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability was denied. The Board found that the evidence did not support a higher rating based on forward flexion greater than 30 degrees and pain with motion, but without any evidence of ankylosis or functional equivalent thereof.
The deciding factor: The Veteran's lumbar spine disability did not result in forward flexion of the thoracolumbar spine less than 30 degrees or unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- lumbar sprain with Schmorl's node, retrolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 4, 2023
- Citation
- 23025697
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 23025697.
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 decided to remand the Veteran's claim for service connection for degenerative disc disease other than intervertebral disc syndrome, retrolisthesis, and bilateral lower extremity radiculopathy (claimed as back pain) due to incomplete STRs and SPRs. The AOJ is instructed to obtain these records and schedule a VA examination to determine the nature and etiology of the Veteran's back condition.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including obtaining complete treatment records from Dr. Akin and Dr. Dolnick, and obtaining medical opinions addressing whether the Veteran's current back disability was caused by wear and tear during service or aggravation of a preexisting scoliosis.
- Denied
The Veteran's low back disability is currently rated at 20 percent, effective March 10, 2020. The Board denied an increase in the evaluation for his low back disability as it did not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 10 percent for lumbosacral strain with degenerative disc disease and retrolisthesis is remanded due to the need for a new examination to assess the severity of his service-connected back condition, including during flare-ups.
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