The Veteran's lumbosacral myositis and associated radiculopathy are rated at the maximum allowable under VA guidelines, with no additional ratings for separate disabilities or incapacitating episodes.
The deciding factor: The Veteran's symptoms do not meet criteria for higher ratings based on ankylosis, neurological impairment, or incapacitating episodes. The current rating adequately reflects his disability level and functional limitations.
- Claimed conditions
- lumbosacral myositis, left L5 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 7, 2014
- Citation
- 1400452
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 1400452.
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 Veteran's lumbar spine disability is being remanded for further development due to inadequate examination and potential missing service treatment records.
- Granted
The Veteran's service-connected disabilities, including his back conditions and adjustment disorder, have prevented him from securing and following a substantially gainful occupation since October 22, 2009. The Board has granted TDIU on both an extraschedular basis (prior to February 14, 2011) and on a schedular basis (from February 14, 2011).
- Denied
The Board denied the Veteran's claim for a total disability rating based upon individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, finding that there is insufficient evidence to substantiate a reasonable possibility that the Veteran is unemployable because of his service-connected disabilities.
- Granted
The Veteran's service-connected back and lower extremity disabilities rendered him unemployable from September 21, 2006 through September 15, 2008. The Board granted an extraschedular TDIU rating based on the benefit of the doubt.
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