The Veteran's intervertebral disc syndrome is rated at 20% prior to May 2, 2018 and at 40% thereafter. The Board denied a higher rating for the disability due to lack of evidence showing limitation of motion or ankylosis. A TDIU was also denied as the Veteran has not been shown to be unemployable due to his service-connected disabilities.
The deciding factor: The VA examinations did not find any evidence of unfavorable ankylosis, which is required for a higher rating.
- Claimed conditions
- intervertebral disc syndrome, right hip osteoarthritis, left hip osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 22, 2019
- Citation
- 19130892
Veterans Law Judge
Decisions by this judge: 2,088 · Granted: 33% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19130892.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Dismissed
The Board has dismissed the Veteran's appeal for service connection for various conditions including hypoglycemia, sinusitis, left foot pes planus, right foot pes planus, right foot plantar fasciitis, left ankle pain, left hip osteoarthritis, left knee sprain, bradycardia, dry eye, hernia, hypercholesterolemia, and bilateral hearing loss.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
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