The Veteran's lumbar spine disability was granted a 40% rating for the period prior to November 20, 2010. For the period on appeal, his claim for an increased rating was denied.
The deciding factor: The evidence did not show that the Veteran had forward flexion limited to 30 degrees or less at any point during the appeal period.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 22, 2023
- Citation
- 23062168
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 23062168.
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: Denied
PTSD, a back condition, and flat feet were not granted service connection prior to October 22, 2008.,The Veteran's claims for these conditions were submitted after the one-year period following separation from active duty.
- Whole decision: Remanded (sent back)
The Veteran's service-connected lumbar spine and bilateral knee disabilities are remanded for further evaluation due to the potential need for surgical intervention.
- Whole decision: Denied
The Veteran's claim for higher ratings for his lumbar spine disability and radiculopathy of the sciatic nerves was denied. The RO assigned a 20 percent rating for degenerative joint and disc disease of the lumbar spine with lumbosacral strain, but denied increased ratings for radiculopathy.
- Whole decision: Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.