The Veteran's appeal for increased ratings and TDIU was denied. The case is now remanded to the AOJ for referral to VA's Director of Compensation & Pension Services (C&P) for consideration of entitlement to a total disability rating based on individual unemployability under 38 C.F.R. § 4.16(b).
The deciding factor: The Veteran did not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(b) prior to September 12, 2006.
- Claimed conditions
- arthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2011
- Citation
- 1147209
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. Read the original VA decision (opens in a new tab) using citation 1147209.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for PTSD, major depressive disorder, generalized anxiety disorder, insomnia, unspecified psychosis, arthritis of the lumbar spine, degenerative disc disease, multilevel spinal stenosis, and arthritis of the cervical spine and degenerative disc disease. The diagnoses are linked to in-service physical assaults.
- Whole decision: Granted
The Board granted service connection for a low back disability and a cervical spine disability, finding that the evidence was in equipoise regarding their incurrence during active duty.
- Whole decision: Dismissed
The Board dismissed the appeals for service connection of various conditions as they were premature, and denied service connection for diabetes mellitus, type II and a migraine headache disability.
- Whole decision: Denied
The Board denied service connection for arthritis, a right hip disability, and a left hip disability. The 10 percent ratings for the left and right wrist disabilities were also denied.
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