The Veteran's lumbar strain is rated at 40 percent, which does not meet the criteria for a higher rating. The Board denied an increased rating as there was no evidence of unfavorable ankylosis or incapacitating episodes of IVDS during the past 12 months. TDIU prior to November 25, 2015 is granted due to service-connected disabilities precluding substantial gainful employment. From that date onward, TDIU is moot as the Veteran has a combined rating of 100 percent for multiple conditions.
The deciding factor: The Veteran's lumbar strain does not meet the criteria for an increased rating as there was no evidence of unfavorable ankylosis or incapacitating episodes of IVDS during the past 12 months. The Board also found that TDIU prior to November 25, 2015 is granted due to service-connected disabilities precluding substantial gainful employment.
- Claimed conditions
- lumbar strain, IVDS (intervertebral disc syndrome), spinal stenosis, partial discectomy, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 10, 2018
- Citation
- 18141299
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 18141299.
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.
- Remanded (sent back)
The Board remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Remanded (sent back)
The Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Granted
The Board granted service connection for lumbosacral strain and bilateral lower extremity radiculopathy based on a direct link to the Veteran's military service.
- Remanded (sent back)
The Board remands the claims for service connection for cervical strain and lumbar strain to correct pre-decisional duty to assist errors, including when the AOJ fails to make reasonable efforts to obtain VA treatment records, relevant federal or private treatment records; fails to obtain a VA examination; or provides an inadequate VA examination or opinion.
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