The Veteran's claim for higher initial ratings for degenerative osteoarthritis of the lumbar spine was granted, with a rating of 40 percent effective January 14, 2008. The decision also addressed his TDIU claim and found that he is unemployable since July 1, 2004.
The deciding factor: The Veteran's degenerative osteoarthritis of the lumbar spine was manifested by severe intervertebral disc syndrome with recurring attacks without unfavorable ankylosis of the entire thoracolumbar spine from January 14, 2008 to April 25, 2012, and incapacitating episodes having a total duration of at least 6 weeks since April 26, 2012.
- Claimed conditions
- Degenerative osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 7, 2014
- Citation
- 1435321
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 1435321.
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 rated at 20 percent, effective from November 23, 2010 to February 25, 2011. The case is remanded for further development.
- Denied
The Veteran's claims for increased ratings for his thoracolumbar spine strain are denied as the claimant failed to report for scheduled VA examinations without good cause.
- Granted
The Veteran's degenerative osteoarthritis of the lumbar spine is rated at a maximum of 40 percent, effective from February 2015 when service connection was established.
- Granted
The Veteran's degenerative osteoarthritis of the lumbar spine and osteoarthritis of the right hip are granted as secondary to his service-connected bilateral knee and left hip disabilities.
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