The Veteran's thoracolumbar spine disability has been rated at 20 percent prior to July 8, 2013, and at 40 percent from that date. The Board finds the evidence supports a 40 percent rating throughout the appeal period based on IVDS with incapacitating episodes lasting less than 6 weeks in any 12-month period.
The deciding factor: The Veteran's thoracolumbar spine disability has been rated under the Formula for Rating IVDS, which requires at least 4 weeks of incapacitating episodes to warrant a rating higher than 40 percent. The VA examinations have documented less than 6 weeks of such episodes in any given year.
- Claimed conditions
- Thoracolumbar Spine Condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 18, 2017
- Citation
- 1739911
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 1739911.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
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: Remanded (sent back)
The Board has determined that the Veteran requires personal care services due to a need for supervision, protection or instruction without which his ability to function in daily life would be seriously impaired. The appeal is remanded to determine if it is in the best interest of the Veteran to participate in the PCAFC program and provide complete notice as required by law.
- Whole decision: Granted
The Board has granted service connection for cervical spine and thoracolumbar spine disabilities, both secondary to the Veteran's service-connected right shoulder disability. However, the Board found that there is no evidence linking these conditions to service or aggravation by the service-connected condition.
- Whole decision: Remanded (sent back)
The Veteran's initial rating for Major Depressive Disorder is denied, and his thoracolumbar spine condition remains at a 10 percent rating. The case is remanded for further development regarding the higher ratings.
- Whole decision: Granted
The Veteran's service-connected disabilities, including arthritis, disc disease, knee pain, thoracolumbar spine condition, and radiculopathy of the left lower extremity, have rendered him unemployable since February 13, 2013. His combined disability rating was sufficient to meet the schedular requirement for TDIU.
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.