The veteran's lumbosacral spine disorder and myositis are rated at 40 percent, the highest possible rating under the old criteria. The Board has granted this evaluation as it is not in excess of what was previously assigned. For TDIU, the veteran meets the criteria due to his service-connected disabilities resulting from common etiology or single accident.

The deciding factor: The veteran's lumbosacral spine disorder and myositis are rated at the highest possible under the old criteria (40 percent), which is not in excess of what was previously assigned. The combined rating for both conditions results in a total disability evaluation, meeting the criteria for TDIU.

Claimed conditions

lumbosacral spine disorder of the intervertebral discs, myositis

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

November 28, 2006

Citation

0636898

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 0636898.