The Veteran's claim for a rating in excess of 20 percent for his low back disability prior to October 20, 2016 was denied. The Board found that the evidence did not show forward flexion limited to 30 degrees or less, ankylosis (or functional ankylosis), or incapacitating episodes of disc disease requiring at least four weeks of physician-prescribed bed rest per year.
The deciding factor: The Veteran's low back disability was found to not meet the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine, as his forward flexion was greater than 30 degrees but not greater than 60 degrees, and there were no findings of ankylosis or incapacitating episodes.
- Claimed conditions
- lumbar spine intervertebral disc syndrome (IVDS), lumbago, DDD (degenerative disc disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 3, 2023
- Citation
- 23059468
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 23059468.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The reduction in rating from 40 percent to 10 percent for lumbar spine IVDS effective from April 1, 2020 to February 3, 2021 was not proper and thus the claim is granted.,Entitlement to an increased rating of 40 percent, but no higher, effective from February 3, 2021, for radiculopathy of left lower extremity sciatic nerve is granted.,Entitlement to an effective date earlier than February 3, 2021 for service connection for radiculopathy of left lower extremity sciatic nerve is denied.,Entitlement to an increased rating in excess of 20 percent for radiculopathy of right lower extremity sciatic nerve is denied.
- Granted
The Veteran's back disability, rated at 40 percent since March 14, 2022, is granted effective from that date.
- Denied
The Veteran's claims for service connection for various conditions have been denied due to a lack of current diagnoses.,The Veteran has withdrawn her claims for right pretibial edema, hyperlipidemia, hypokalemia, an acquired psychiatric disorder, difficulty swallowing, and left eye cornea scarring.
- Remanded (sent back)
The Veteran's claim for higher ratings for service-connected low back disability and related radiculopathy is being remanded due to the need for clarification of crucial medical questions.,Higher ratings are sought for right and left lower extremity lumbar radiculopathy, but these issues have also been remanded.
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