The Veteran's claim for a disability rating in excess of 40 percent for his service-connected back disability, including ankylosing spondylitis and intervertebral disc syndrome, was granted. A separate disability rating for scar residuals from thoracic spine surgery is also granted. The temporary total disability rating due to surgical treatment on January 13, 2003, is granted.
The deciding factor: The evidence supported the grant of a higher disability rating based on the severity and persistence of the Veteran's back disability, including ankylosing spondylitis and intervertebral disc syndrome. The scar residuals from thoracic spine surgery were also found to be disabling enough to warrant a separate rating.
- Claimed conditions
- Ankylosing Spondylitis, Herniated Nucleus Pulposus T7-8, Degenerative Arthritis of the Thoracolumbar Spine, Intervertebral Disc Syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 27, 2016
- Citation
- 1648171
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 1648171.
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.
- Dismissed
The Veteran's appeals for increased ratings and service connection have been dismissed due to the withdrawal of representation.
- Denied
The Veteran's initial evaluation for cervical spine disability remains at 10 percent, as his symptoms do not meet the criteria for a higher rating under VA regulations.
- Remanded (sent back)
The Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
- Granted
The Veteran's PTSD qualifies for a TDIU and SMC, while other conditions are rated appropriately. The appeal is denied for higher ratings in several cases.
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.