The Board denied the Veteran's claim for an initial rating in excess of 40 percent for osteophytosis of the lumbar spine, finding that there was no evidence of unfavorable ankylosis.
The deciding factor: The Board determined that the evidence did not indicate unfavorable ankylosis of any part of the Veteran's spine, which is a requirement for a higher rating under the applicable VA rating criteria.
- Claimed conditions
- osteophytosis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 13, 2009
- Citation
- 0938800
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 0938800.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is being remanded for further action due to the need for a new VA examination and consideration of updated treatment records.
- Remanded (sent back)
The Board has ordered additional development due to the need for clarification of the Veteran's lumbar spine disability and TDIU claims, including a VA examination and referral for extraschedular consideration.
- Granted
The Board has determined that the veteran's low back disability, diagnosed as osteophytosis of the lumbar spine, warrants a 40 percent rating since February 13, 2004. The current rating is appropriate given the veteran's limited range of motion and pain without ankylosis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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