The Veteran's claim for a higher rating for his degenerative disc and joint disease of the lumbar spine was denied, as the evidence did not show forward flexion of the thoracolumbar spine at or below 30 degrees, nor favorable ankylosis. His bilateral lower extremity radiculopathy claims were also denied.
The deciding factor: The VA examiners provided estimates for range of motion during flare-ups and after repetitive use but could not provide a specific measurement from nearly a decade prior due to the speculative nature of such an opinion.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 4, 2023
- Citation
- 23063860
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 23063860.
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 Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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