The Veteran's DDD and IVDS of the lumbar spine are rated at 40 percent, effective December 27, 2021. The rating is denied as his symptoms do not meet or approximate the criteria for a higher rating.
The deciding factor: The Veteran’s low back disorder does not result in forward flexion of the thoracolumbar spine 30 degrees or less, nor does it result in unfavorable ankylosis of the entire thoracolumbar spine. The disability is rated based on limitation of motion and other symptoms such as pain.
- Claimed conditions
- Degenerative Disc Disease (DDD), Intervertebral Disc Syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 28, 2023
- Citation
- 23062814
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 23062814.
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 Veteran's claim for service connection for Degenerative Disc Disease (DDD) is being remanded due to a failure to provide the Veteran with a VA examination in connection with her claim. The Board finds that this was a pre-decisional duty to assist error and requires rescheduling of the examination.
- Granted
The Board has granted an effective date of August 7, 2023 for the grant of service connection for Degenerative Disc Disease and Intervertebral Disc Syndrome (also claimed as a back condition), and bilateral lower extremity sciatic neuropathy.
- Granted
The Veteran's degenerative disc disease is related to service and the Board has granted service connection for this condition.
- Dismissed
The appeal regarding earlier effective dates for IBS and IVDS is dismissed.,The reduction in the rating for painful right toes scars is granted, restoring a 10 percent rating from May 3, 2023.,Increased ratings to 20 percent for lower extremity radiculopathy are granted as of October 21, 2024.,Service connection and increased ratings for left hip conditions, right hip conditions, left knee condition, ED, and depressive disorder are granted.
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