The Veteran's claim for an increased rating and extraschedular rating for his service-connected osteoarthritis of the lumbar spine with scoliosis was granted, resulting in a 40% disability rating. The claim for TDIU remains pending.
The deciding factor: The Veteran experienced incapacitating episodes lasting at least 6 weeks during the past year, warranting a 60% rating under DC 5243 based on incapacitating episodes of intervertebral disc syndrome (IVDS).
- Claimed conditions
- osteoarthritis of the lumbar spine with scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 14, 2010
- Citation
- 1026126
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 1026126.
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.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for osteoarthritis of the lumbar spine with scoliosis and TDIU, as additional evidence is needed to address muscle spasms and effects on range of motion during flare-ups.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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