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
Veterans Law Judge
Decisions by this judge: 1,175 · Granted: 22% (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 0636898.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran developed myopathy, myositis, rhabdomyolysis and other residuals due to statin use prescribed by VA. The Board found that the disability was not caused by or proximately caused by VA's fault or an unforeseen event.
- Dismissed
The Veteran withdrew the appeal for service connection for myositis, and it has been dismissed.
- Denied
The Board denied service connection for myositis, finding no nexus between the condition and either active duty or a service-connected disability.
- Granted
The Veteran's claim for service connection for fibromyalgia was granted with an effective date of January 27, 2011, the day following her separation from active duty.
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