The Veteran's claim for a higher rating for his lumbar spine disability from May 4, 2007 to May 16, 2012 was denied. A 40 percent rating has been granted effective August 16, 2023.
The deciding factor: The Veteran's degenerative joint and disc disease did not meet the criteria for a higher rating during the period from May 4, 2007 to May 16, 2012 due to lack of unfavorable ankylosis or incapacitating episodes with total duration of at least 6 weeks.
- Claimed conditions
- Degenerative joint and disc disease, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 17, 2023
- Citation
- 23056327
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. Read the original VA decision (opens in a new tab) using citation 23056327.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has determined that additional examinations are needed to assess the current severity of the Veteran's service-connected disabilities and to determine if they are related to his military service. The case is being remanded for these purposes.
- Whole decision: Denied
The Veteran's service-connected degenerative joint and disc disease, lumbar spine, was denied for increased ratings in excess of 40 percent from May 4, 2007 to May 16, 2012, and in excess of 20 percent from May 17, 2012.
- Whole decision: Remanded (sent back)
The Veteran's claim for a higher rating for his degenerative joint and disc disease, lumbar spine disability is remanded due to the need for additional examination and records review.
- Whole decision: Granted
The Veteran meets the schedular criteria for a total disability rating based on individual unemployability due to service-connected PTSD, which renders him unable to secure or follow a substantially gainful occupation.
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