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 assigned
- 40%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 1739911.
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.
- 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.
- 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.
- 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.
- 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.
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