The Board has granted the appeal with regard to whether the apportionment of the initial rating for the service-connected lumbar spine disability due to post-service injury is proper. The issue of entitlement to a TDIU prior to October 23, 2006 remains before the Board.
The deciding factor: The Veteran's current low back disability is most likely related to both in-service injury and intercurrent injuries, but there is insufficient medical evidence to distinguish by percentages or by discrete symptoms any portion of his disability as related to intercurrent causes.
- Claimed conditions
- lumbar spine degenerative disc disease, S1 joint osteoarthritis with range of motion limitation and bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 22, 2011
- Citation
- 1146797
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 1146797.
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 has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- Denied
The Veteran's initial rating for lumbar spine degenerative disc disease was denied, and his claims for right knee, left knee, right hand, left hand, GERD, neck disability, and bilateral hearing loss were also denied. The effective date of service connection for obstructive sleep apnea was granted on December 14, 2022.
- Dismissed
The appeal for service connection of left knee condition, lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis is dismissed due to lack of jurisdiction over the August 2021 rating decision. Service connection for lumbar spine degenerative disc disease, bilateral lower extremity radiculopathy as secondary to lumbar spine degenerative disc disease, left hip osteoarthritis, and right hip osteoarthritis are granted.
- Dismissed
The Veteran has withdrawn his appeals for increased disability ratings in excess of 20 percent for lumbar spine degenerative disc disease and right shoulder labral tear, including superior labral anterior-posterior lesion. The appeal is dismissed.
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