The Veteran's claim for an increased rating for his lumbar spine degenerative disc and joint disease from July 23, 2009 was denied as the disability did not meet the criteria for a higher rating due to unfavorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The Veteran's lumbar spine degenerative disc and joint disease resulted in pain and limitation of motion but did not result in unfavorable ankylosis, which is required for a 50% rating under DC 5243-5242.
- Claimed conditions
- lumbar spine degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2025
- Citation
- 25000310
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25000310.
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.
- Denied
The Board has determined that the Veteran's lumbar spine degenerative disc and joint disease does not warrant a rating higher than 20 percent, as his forward flexion of the thoracolumbar spine exceeds 30 degrees.
- Remanded (sent back)
The Veteran's erectile dysfunction is being remanded for a VA examination to determine if it is caused or aggravated by his service-connected lumbar spine degenerative disc and joint disease and/or lentigo malignant melanoma.
- Granted
The Veteran's lumbar spine degenerative disc and joint disease is rated at 40 percent since July 23, 2009. The appeal for a higher rating remains pending.
- Remanded (sent back)
The Board has remanded the case for additional examinations to assess the severity of the Veteran's lumbar spine disability, as previous VA examinations did not comply with the requirements set forth in Correia and Sharp.
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