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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1444028.
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.
- 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.
- 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.
- 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.
- 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.
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.