The Veteran's appeal for an increased rating in excess of 40 percent for lumbar spine degenerative arthritis from January 12, 2023 is dismissed. The appeal for a higher rating prior to that date remains pending.
The deciding factor: The VA examination results showed the Veteran’s back condition was stable and not manifest by limitation of motion or ankylosis as required for a higher rating.
- Claimed conditions
- lumbar spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 14, 2024
- Citation
- 24007758
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 24007758.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for lumbar spine degenerative arthritis and DDD, as well as right and left lower extremity radiculopathy secondary to the now service-connected lumbar spine condition. The decision is based on a finding of relative equipoise in the evidence regarding whether these conditions are related to service.
- Remanded (sent back)
The Board has found the eligibility determination for PCAFC enrollment to be legally inadequate and remanded for a new medical opinion that adequately addresses the criteria for eligibility as set forth in VA regulations.
- Remanded (sent back)
The Board has remanded the claim of service connection for lumbar spine degenerative arthritis as secondary to bilateral pes planus due to inadequate medical opinions and lack of contemporaneous medical records.
- Denied
The Veteran's lumbar spine degenerative arthritis and degenerative disc disease are currently rated at 40 percent, which is the maximum rating available under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's RLE sciatic radiculopathy has been dismissed due to untimely filing.
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