The Veteran's service-connected lumbar spine disability does not meet the criteria for a TDIU as it is rated at 40% and there are no additional disabilities that would bring his combined rating to 70%. The Board finds that referral for extraschedular consideration is not warranted.
The deciding factor: The Veteran's service-connected lumbar spine disability alone does not meet the criteria for a TDIU as it is rated at 40% and there are no additional disabilities that would bring his combined rating to 70%. The August 2009 VA examination report reflects a clinical understanding of the Veteran's physical limitations specifically due to his lumbar spine disability, which is compensated by the current schedular rating.
- Claimed conditions
- Traumatic arthritis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 19, 2012
- Citation
- 1210272
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 1210272.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected thoracolumbar spine disability is rated at 10 percent, and her other conditions do not warrant a higher rating. The Board finds that the evidence does not meet the criteria for a higher rating.
- Granted
The Veteran's traumatic arthritis of the thoracolumbar spine was rated at 20 percent since January 5, 2011. This rating is in line with his current disability level.
- Remanded (sent back)
The Board has remanded the case for additional development to obtain VA medical records and schedule a VA examination.
- 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.
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