The Veteran's back disability was rated at 20% from July 19, 1999 to July 8, 2008 and at 40% since July 9, 2008. The current rating of 40% is denied as the evidence does not meet the criteria for a higher rating under any applicable diagnostic codes.
The deciding factor: The Veteran's back disability did not meet the criteria for ankylosis or incapacitating episodes having a total duration of at least six weeks during the past twelve months, which would warrant a higher rating. The neurological symptoms were found to be unrelated to his service-connected low back disability.
- Claimed conditions
- Low Back Injury with Spondylolisthesis of L5 on S1, Retrolisthesis of L1 on L2, Scoliosis, and Degenerative Disc Disease (DDD) of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 9, 2009
- Citation
- 0933694
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 0933694.
What this means for you
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What you can do next
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- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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