The Board denied a disability rating in excess of 20 percent for the Veteran's back disability, characterized as degenerative joint and disc disease of the lumbosacral spine.
The deciding factor: The VA examination reports and treatment records did not show that the Veteran had forward flexion to 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes having a total duration of at least four weeks, but less than six weeks during the past 12 months.
- Claimed conditions
- Degenerative joint and disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 23, 2025
- Citation
- 25000934
Veterans Law Judge
Decisions by this judge: 1,948 · Granted: 29% (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 25000934.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repeated use over time of his service-connected lumbosacral spine disability. The Veteran needs a supplemental opinion from the VA examiner.
- Denied
The Veteran's back disability has not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees. The claim for an evaluation in excess of 10 percent for service-connected back disability is denied.
- Granted
The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
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