The Veteran's lumbar myositis is rated at 20 percent prior to May 10, 2013 and at 40 percent thereafter. His adjustment disorder with mixed features remains at 30 percent. The left hand cubital tunnel syndrome; left ulnar elbow neuropathy continues to be rated at 20 percent. There is no TDIU granted.
The deciding factor: The Veteran's lumbar myositis has been consistently rated based on the severity of his symptoms and functional impairment, with a focus on the degree of forward flexion and other range of motion limitations. The adjustment disorder remains at its current level due to the lack of significant changes in symptoms or treatment. The left hand condition continues to be rated as moderate incomplete paralysis of the ulnar nerve.
- Claimed conditions
- lumbar myositis, mild degenerative grade I listhesis of L5 relative to S1, mild loss of L5-S1 disc height, degenerative disc disease at that level, minimal disc bulges and small focal protrusions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 16, 2018
- Citation
- 1828740
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 1828740.
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.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Remanded (sent back)
The Veteran's claims for higher ratings for lumbar myositis and service connection for bilateral lower extremity peripheral neuropathy are being remanded due to pre-decisional duty to assist errors. The Board will obtain new examinations and opinions to address the severity of his lumbar disability and the etiology of his bilateral lower extremity peripheral neuropathy.
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