The Veteran's claim for an increased rating for his lumbar spine disability is denied. The current rating of 40% remains unchanged.
The deciding factor: The evidence does not meet the criteria for a higher rating as there is no unfavorable ankylosis, intervertebral disc syndrome (IVDS) with incapacitating episodes, or other findings warranting a higher rating under the applicable diagnostic codes.
- Claimed conditions
- Degenerative arthritis of the thoracolumbar spine, Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 30, 2023
- Citation
- 23047897
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 23047897.
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 rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Dismissed
The Veteran's appeal for service connection of degenerative arthritis of the thoracolumbar spine was dismissed as a matter of law due to a full grant of benefits. The appeals for left knee and left ankle disabilities are remanded.
- Granted
The Veteran's lumbar disability and associated radiculopathy of the sciatic and femoral nerves are granted with effective dates from June 30, 2010. A 40% rating is assigned for the lumbar disability.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
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