The Veteran's claim for an increased evaluation of his service-connected low back disability was denied. The Board also found that the Veteran is not entitled to a TDIU based on his current level of disability and inability to secure or follow substantially gainful employment.
The deciding factor: The Veteran's degenerative disc and joint disease of the lumbosacral spine does not meet the criteria for an evaluation in excess of 60 percent, as there is no evidence of unfavorable ankylosis. The Board also determined that he is not entitled to a TDIU due to his current level of disability.
- Claimed conditions
- Degenerative disc and joint disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 12, 2012
- Citation
- 1220570
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 1220570.
What this means for you
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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 motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.
- Granted
The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.
- Remanded (sent back)
The Veteran's appeal is remanded for further development regarding his service-connected conditions and the appropriate disability ratings.
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