The Veteran's lumbar myositis was not rated higher than 10 percent between June 26, 2003 and July 6, 2008. From September 24, 2003, he received separate ratings for bilateral radiculopathy of the lower extremities at 10 percent each. However, his lumbar myositis was not rated higher than 40 percent from July 7, 2008.
The deciding factor: The Veteran's lumbar myositis did not meet the criteria for a rating in excess of 40 percent as it did not result in unfavorable ankylosis or incapacitating episodes with at least six weeks' total duration during the previous twelve months. The radiculopathy, however, was rated separately and met the criteria for separate ratings.
- Claimed conditions
- lumbar myositis, bilateral radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 7, 2011
- Citation
- 1108891
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 1108891.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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 claim for TDIU prior to October 18, 2018 due to a lack of evidence showing that the Veteran's service-connected disabilities prevented him from securing or following a substantially gainful occupation.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
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