The Veteran's lumbar spine disability is rated at 40 percent, effective March 1996. His right hip arthritis with radiculopathy has been rated as 20 percent since June 1, 2006 and 10 percent for the period from September 23, 2002 to February 16, 2011. The Veteran's TDIU claim is denied.
The deciding factor: The Veteran’s lumbar spine disability does not meet criteria for a higher rating as it has never resulted in ankylosis or any incapacitating episodes in a 12-month period. His right hip arthritis with radiculopathy did not result in ankylosis, limitation of flexion of the thigh to 30 degrees or less, abduction with motion lost beyond 10 degrees, adduction with loss of ability to cross the legs, or limitation of rotation with inability to toe out more than 15 degrees. The Veteran's radiculopathy ratings are based on mild incomplete paralysis and do not meet criteria for higher ratings.
- Claimed conditions
- Degenerative Disc Disease of the Lumbar Spine, Arthritis of the Right Hip, Radiculopathy of the Right Lower Extremity, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 3, 2014
- Citation
- 1444028
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. Read the original VA decision (opens in a new tab) using citation 1444028.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Whole decision: Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
- Whole decision: Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
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