The Veteran's lumbar spine degenerative disc and joint disease has not been manifested by unfavorable ankylosis of the entire thoracolumbar spine or by incapacitating episodes having a total duration of at least 6 weeks during any 12-month period. The Veteran does not meet the percentage requirements for TDIU, as his service-connected disabilities are currently rated at 40 percent, 10 percent, and 10 percent, for a combined disability rating of 60 percent.
The deciding factor: The evidence did not show unfavorable ankylosis or incapacitating episodes meeting the criteria for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- lumbar spine degenerative disc and joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 18, 2014
- Citation
- 1427598
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 1427598.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an increased rating for his lumbar spine degenerative disc and joint disease from July 23, 2009 was denied as the disability did not meet the criteria for a higher rating due to unfavorable ankylosis of the entire thoracolumbar spine.
- Denied
The Board has determined that the Veteran's lumbar spine degenerative disc and joint disease does not warrant a rating higher than 20 percent, as his forward flexion of the thoracolumbar spine exceeds 30 degrees.
- Remanded (sent back)
The Veteran's erectile dysfunction is being remanded for a VA examination to determine if it is caused or aggravated by his service-connected lumbar spine degenerative disc and joint disease and/or lentigo malignant melanoma.
- Granted
The Veteran's lumbar spine degenerative disc and joint disease is rated at 40 percent since July 23, 2009. The appeal for a higher rating remains pending.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.