The veteran's service-connected degenerative spondylosis of the lumbar spine has been evaluated at 40 percent since September 8, 2004. The evidence does not support a higher rating as there is no indication of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The veteran's disability did not meet the criteria for a higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine due to lack of evidence of unfavorable ankylosis or incapacitating episodes.
- Claimed conditions
- degenerative spondylosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 3, 2008
- Citation
- 0841453
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 0841453.
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- Granted
The Veteran's service-connected disabilities, including asbestosis, cervical and lumbar spine conditions, shoulder osteoarthritis, tinnitus, knee degenerative arthritis, hypertension, and bilateral hearing loss, have rendered him unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on these service-connected conditions.
- Remanded (sent back)
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- Dismissed
The Veteran withdrew his claims for a higher initial rating for IVDS and a payment date earlier than February 1, 2010.
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