The Board denied an earlier effective date for the award of a 40 percent rating for degenerative arthritis of the spine with intervertebral disc syndrome prior to March 24, 2021.
The deciding factor: The evidence did not show that the Veteran had forward flexion of the thoracolumbar spine to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine to include the functional equivalent of ankylosis prior to March 24, 2021.
- Claimed conditions
- Degenerative arthritis of the spine with intervertebral disc syndrome (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2025
- Citation
- A25010804
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 A25010804.
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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 inadequate reasons and bases for failing to address the Veteran's arguments regarding the adequacy of the July 2020 VA examination, as well as the need to consider whether a retrospective medical opinion was warranted. The Board also found that the August 2018 and July 2020 VA examinations were inadequate due to inconsistent findings regarding flareups.
- Denied
The Board denied increased ratings for the Veteran's lumbar spine disability and PTSD, as well as a TDIU rating due to his service-connected PTSD.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected lumbar spine disability prior to June 27, 2013 is being remanded due to the need for additional medical opinions regarding the severity of his condition.
- Granted
The Veteran's migraine headaches were granted a higher initial rating of 50 percent from June 23, 2011 to December 26, 2013. The lumbar spine disability was remanded for further evaluation.
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