The Veteran's lumbar spine disability is currently rated at 40 percent, the maximum schedular rating available. The Board finds that there is no evidence of ankylosis or intervertebral disc syndrome to warrant a higher rating. The claim for TDIU was also denied as the Veteran does not meet the criteria for a TDIU based on his service-connected disabilities.
The deciding factor: The Veteran's lumbar spine disability has been rated under Diagnostic Code 5237, which pertains to degenerative arthritis of the spine. The rating is currently at the maximum schedular level (40 percent) and requires unfavorable ankylosis or intervertebral disc syndrome for a higher evaluation. There is no evidence of either condition in this case.
- Claimed conditions
- lumbar spine degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 30, 2016
- Citation
- 1639643
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 1639643.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for cervical spine degenerative changes, left shoulder degenerative changes, lumbar spine degenerative changes, and right shoulder osteoarthritis due to a pre-decisional duty to assist error. The Veteran was not afforded VA examinations for these conditions.
- Denied
The Board denied the Veteran's appeal for an increased rating higher than 40 percent for a back disability, as the evidence did not support a finding that his symptomatology more nearly approximated unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring physician-prescribed bed rest.
- Partly granted
The Board granted service connection for lumbar spine degenerative changes as secondary to the Veteran's service-connected peripheral neuropathy of the bilateral lower extremities, but denied service connection for a right shoulder disorder.
- Remanded (sent back)
The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.
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