BVA decisions by condition
Intervertebral disc syndrome: BVA grant rates and what wins
From 2017 to 2026, the Board of Veterans' Appeals decided a intervertebral disc syndrome issue in 45,078 decisions. It granted the intervertebral disc syndrome issue in 19.2% of them, close to the 19.4% grant rate for all conditions, denied it in 30.5%, and remanded it in 49.7%. Counting only decisions on the merits (granted or denied), 38.6% were granted.
From Board of Veterans' Appeals decisions: appeals, not VA's first decisions. Issue-level outcomes.
Decisions
45,078
2017–2026
Granted
19.2%
All conditions: 19.4%
Granted on the merits
38.6%
Granted ÷ (granted + denied)
Remanded
49.7%
Denied: 30.5%
At a glance
Evidence in granted and denied intervertebral disc syndrome decisions
For each kind of supporting evidence: how often the Board granted the intervertebral disc syndrome issue on the merits when the decision mentioned it, compared with decisions that did not. These are associations, not causes, and evidence is recorded per decision, not per issue.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Positive nexus opinion | 6,795 | 72.9% | 29.5% | +43.4 pts |
| Buddy statement | 1,829 | 60.4% | 37.6% | +22.8 pts |
| Favorable VA exam | 4,953 | 56.9% | 35.0% | +21.9 pts |
| Private medical opinion | 14,146 | 51.0% | 31.0% | +20.0 pts |
| Treating physician opinion | 2,398 | 57.1% | 37.2% | +19.8 pts |
| Combat service | 2,279 | 54.5% | 37.7% | +16.8 pts |
| Claimed as secondary | 4,600 | 54.0% | 37.6% | +16.4 pts |
| Lay statement | 38,543 | 38.2% | 41.9% | −3.7 pts |
- The Board applied the benefit-of-the-doubt rule (38 CFR 3.102) in 71.6% of the decisions that granted intervertebral disc syndrome.
- The Board found the veteran's statements credible in 43.2% of grants and 14.1% of denials.
Negative evidence in the record
An unfavorable exam or a negative nexus opinion often sits in the same record as favorable evidence, and the Board weighs them against each other. So these rows show how often intervertebral disc syndrome was still granted when the record contained the negative item, not that the item helped.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Negative nexus opinion | 21,290 | 39.6% | 37.7% | +2.0 pts |
| Unfavorable VA exam | 33,983 | 37.2% | 45.8% | −8.6 pts |
Recent intervertebral disc syndrome decisions
Granted
Current diagnosis of lumbosacral strain with degenerative arthritis; In-service injury from motor vehicle accident in October 1995; Probative private medical opinion finding condition at least as likely as not related to service; Inadequate VA nexus opinions due to inaccurate premise and lack of rationale; Evidence in approximate balance, affording benefit of the doubt
August 2025 VA examination found forward flexion limited to 10 degrees during flare-up, with pain.; Examiner explained "locking up" episodes do not constitute functional ankylosis.; No ankylosis or neurologic abnormalities found; no IVDS or incapacitating episodes.
New and relevant evidence (private medical opinion and treatment records) warranted readjudication.; Evidence persuasively favors conclusion that condition is at least as likely as not secondary to service-connected left tibia stress fracture with left shin splint.; Resolved all reasonable doubt in favor of the Veteran.
Denied
Veteran failed to attend scheduled VA examination without good cause.; No evidence of current back disability.; Most recent treatment for back strain was in December 2010.
No competent, credible, persuasive medical opinion establishing etiological relationship to service.; VA examiner opined condition less likely than not related to service.; Service medical records silent for back complaints; first VA mention 25 years post-service.
Service treatment records absent of back pain complaints or findings; Veteran denied recurrent back pain during service; No medical evidence or opinion linking current disability to service
Intervertebral disc syndrome claimed as a secondary condition
Decisions where intervertebral disc syndrome was claimed as secondary to another service-connected disability (38 CFR 3.310), by that disability.
Intervertebral disc syndrome outcomes by year
| Year | Issues decided | Granted | Denied | Remanded | Other |
|---|---|---|---|---|---|
| 2017 | 3,157 | 12.7% | 36.6% | 42.1% | 8.6% |
| 2018 | 5,079 | 14.6% | 33.2% | 46.1% | 6.1% |
| 2019 | 5,692 | 14.7% | 30.3% | 52.3% | 2.7% |
| 2020 | 5,731 | 16.2% | 34.6% | 47.1% | 2.1% |
| 2021 | 5,393 | 17.8% | 31.9% | 48.1% | 2.2% |
| 2022 | 5,153 | 18.5% | 25.8% | 53.5% | 2.2% |
| 2023 | 5,329 | 19.7% | 25.5% | 52.6% | 2.1% |
| 2024 | 5,295 | 22.6% | 28.2% | 47.1% | 2.1% |
| 2025 | 4,949 | 25.0% | 29.8% | 43.8% | 1.3% |
| 2026 | 1,893 | 30.9% | 28.5% | 39.0% | 1.6% |
Each row counts issues (each condition the Board decided), so the shares add up to 100%. Other: dismissed, withdrawn or no clear outcome. Years with fewer than 50 issues are left out.
Why the Board granted or denied intervertebral disc syndrome
Most common reasons in grants
- Current diagnosis established1,047
- Continuity of symptomatology since service279
- Caused by the service-connected disability125
- Service connection established82
- Forward flexion limited to 30 degrees or less67
- Criteria for service connection met63
- VA examiner: less likely than not related to service60
- New and material evidence submitted59
Most common reasons in denials
- Preponderance of the evidence against the claim1,597
- VA examiner: less likely than not related to service1,098
- No in-service complaints, treatment or diagnosis949
- Service records negative or silent698
- Current diagnosis established582
- No current diagnosis346
- No continuity of symptomatology236
- Continuity of symptomatology since service209
Numbers are decisions that gave the reason. Reasons are short phrases extracted by AI from each decision; common wordings of the same reason are grouped. Benefit of the doubt is reported above.
How the Board rates intervertebral disc syndrome
The Board decided 22,225 intervertebral disc syndrome rating issues from 2017 to 2026: it granted a higher rating in 18%, denied one in 38% and sent 40% back for a new exam or more records.
By diagnostic code
The codes the Board rated intervertebral disc syndrome under, most used first. “Granted on the merits” leaves out remands. The last column is the percent the Board assigned most often when it granted a higher rating.
| Code | Issues | Granted on the merits | Remanded | Most common rating |
|---|---|---|---|---|
| 5243Intervertebral disc syndrome: Assign this diagnostic code only when there is disc herniation with compression and/or irritation of the adjacent nerve root; assign diagnostic code 5242 for all other disc diagnoses | 1,410 | 28.9% | 5.7% | 40% (59% of grants) |
| 5237 | 1,025 | 30.1% | 6.6% | 40% (48% of grants) |
| 5242 | 595 | 31.4% | 6.2% | 40% (50% of grants) |
| 5293 | 91 | 44.7% | 13.2% | 60% (59% of grants) |
| 5235 | 86 | 28.2% | 8.1% | 40% (67% of grants) |
| 5257 | 76 | 44.6% | 14.5% | 10% (53% of grants) |
| 5262 | 54 | 33.3% | 31.5% | 30% (40% of grants) |
18,005 issues named no diagnostic code, most of them remands.
Ratings the Board assigned
Share of each percent among the 2,428 grants that stated one.
- 0%0.1%
- 10%6.3%
- 20%34.1%
- 30%3.5%
- 40%49.8%
- 50%2.0%
- 60%4.3%
- 100%0.1%
Why the Board granted a higher rating
- benefit of the doubt / evidence in equipoise1,348
- painful motion, functional loss or flare-ups1,241
- range of motion findings879
- criteria for the rating met or more nearly approximated360
- criteria for a higher rating not met297
- resolving doubt in veteran's favor61
Why the Board denied one
- criteria for a higher rating not met3,350
- range of motion findings2,176
- painful motion, functional loss or flare-ups1,711
- benefit of the doubt / evidence in equipoise247
- preponderance of evidence against higher rating217
- no evidence of ankylosis128
Evidence in rating grants and denials
How often the Board granted a higher intervertebral disc syndrome rating on the merits when the decision mentioned each kind of evidence, against decisions that did not. Associations, not causes.
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Favorable VA exam | 2,844 | 45.9% | 29.3% | +16.6 pts |
| Private medical opinion | 5,744 | 39.6% | 29.0% | +10.6 pts |
| Treating physician opinion | 1,069 | 41.8% | 31.7% | +10.1 pts |
| Lay statement | 17,404 | 32.2% | 33.4% | −1.2 pts |
| In the record | Decisions | Granted when present | When absent | Difference |
|---|---|---|---|---|
| Unfavorable VA exam | 16,080 | 31.4% | 37.3% | −5.9 pts |
The Board applied the benefit of the doubt (38 CFR 3.102) in 63.4% of the decisions that granted a higher rating.
Recent rating decisions
Higher rating granted
New and relevant evidence (private medical opinion and treatment records) warranted readjudication.; Evidence persuasively favors conclusion that condition is at least as likely as not secondary to service-connected left tibia stress fracture with left shin splint.; Resolved all reasonable doubt in favor of the Veteran.
August 2025 VA examination found forward flexion limited to 10 degrees during flare-up, with pain.; Examiner explained "locking up" episodes do not constitute functional ankylosis.; No ankylosis or neurologic abnormalities found; no IVDS or incapacitating episodes.
Veteran appeals for increase to existing 20 percent evaluation.; VA examiner recorded forward flexion limited to 40 degrees with pain.; Estimated loss of 5 degrees with repeated testing, resulting in 25 degrees during flareups.; Found warranted 40 percent evaluation based on lost range of motion.
Denied
Evidence showed muscle spasms and antalgic gait, supporting the 20% rating.; Symptoms did not meet criteria for higher ratings (flexion limited to 30 degrees or ankylosis).; Painful motion considered but did not warrant higher rating.
Range of motion did not meet criteria for higher rating.; No evidence of muscle spasm severe enough for abnormal gait/contour.; No incapacitating episodes noted.
Range of motion limitations do not meet criteria for 40% rating.; No favorable ankylosis of the thoracolumbar spine.; No incapacitating episodes requiring bed rest prescribed by a physician.
How VA rates intervertebral disc syndrome
Once service connection is granted, VA assigns a disability rating from the rating schedule, 38 CFR 4.71a, diagnostic code 5243 (Intervertebral disc syndrome: Assign this diagnostic code only when there is disc herniation with compression and/or irritation of the adjacent nerve root; assign diagnostic code 5242 for all other disc diagnoses). The rating is the same whether the condition is service connected directly or as secondary to another disability.
| Rating | Criteria |
|---|---|
| 60% | With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months |
| 40% | With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months |
| 20% | With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months |
| 10% | With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months |
| | Rating |
- Note: If traumatic paralysis does not cause loss of use of both hands or both feet, it is incomplete paralysis. Evaluate residuals of incomplete traumatic paralysis under the appropriate diagnostic code (e.g., § 4.124a, Diseases of the Peripheral Nerves).
- Note (1): For purposes of evaluations under diagnostic code 5243, an incapacitating episode is a period of acute signs and symptoms due to intervertebral disc syndrome that requires bed rest prescribed by a physician and treatment by a physician.
- Note (2): If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, evaluate each segment on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment.
Text of 38 CFR 4.71a as of Feb 27, 2026. Confirm the current text at the source before relying on it.
Rules that apply to intervertebral disc syndrome claims
- 38 CFR 4.71a · DC 5243
Schedule of ratings: musculoskeletal system
Read it in VA Law Explorer - M21-1 V.iii.1.B.3
Spine: evaluating IVDS and incapacitating episodes
Read it in VA Law Explorer - M21-1 V.iii.1.A
Painful motion and functional loss (38 CFR 4.59, DeLuca, Mitchell, Correia)
Read it in VA Law Explorer - 38 CFR 3.303
Principles of service connection
Read it in VA Law Explorer - 38 CFR 3.310
Secondary service connection and aggravation
Read it in VA Law Explorer - 38 CFR 3.102
Reasonable doubt (benefit of the doubt)
Read it in VA Law Explorer
Research your intervertebral disc syndrome case
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How these numbers are calculated
- Rates count decisions in which the Board decided a intervertebral disc syndrome issue, by the outcome of that issue. Other issues in the same decision can have different outcomes.
- “Granted on the merits” leaves out remands and dismissals. “All conditions” is the grant share across every condition issue in the data.
- The data comes from CaseScribe's AI extraction of public BVA decisions (2017–2026) and can contain errors. It is updated automatically as new decisions are added.
Where this data comes from
- Claim
- Regional office decides
- Veteran appeals
- Board decides
- Granted · Denied · Remanded: back to the regional office
Board of Veterans' Appeals decisions show how VA's highest review body applies 38 CFR and weighs evidence on contested claims.
Each one is an appeal: a regional office decided the claim first, and the veteran appealed. So these rates describe the Board, not a veteran's odds at the regional office, where most claims are decided and whose decisions are not public.
More on what Board decisions can and cannot tell you