The Veteran's claim for an increased rating for lumbosacral disc disease was denied as his disability did not meet the criteria for a higher rating based on unfavorable ankylosis of the entire thoracolumbar spine. The current evaluation of 40% is maintained.
The deciding factor: The Veteran’s forward flexion of the thoracolumbar spine was limited to 75 degrees, and there were no objective findings of radiculopathy related to his lumbar disc disease, thus not meeting the criteria for an increased rating based on unfavorable ankylosis.
- Claimed conditions
- lumbosacral disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 23, 2009
- Citation
- 0944596
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 0944596.
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.
- Denied
The Veteran's service-connected disabilities, when considered individually, do not preclude him from engaging in gainful employment. Therefore, a TDIU is denied.
- Remanded (sent back)
The Veteran's claims for increased evaluations for lumbosacral disc disease and right shoulder traumatic bursitis are being remanded due to the need for additional examinations to assess the severity of his disabilities.
- Remanded (sent back)
The Board has remanded the cases for additional development, including obtaining medical records and conducting VA examinations to assess the severity of the Veteran's lumbosacral disc disease and right shoulder traumatic bursitis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for additional development due to incomplete records from Eglin AFB medical facilities. The Veteran is not contesting the effective date or rating assigned for service-connected obstructive sleep apnea.
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