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
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What you can do next
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