The Veteran's claim for a higher rating of ankylosing spondylitis after December 17, 2013 is denied.,The Veteran's claim for a higher rating of ankylosing spondylitis prior to December 17, 2013 is remanded. The Board acknowledges the Veteran’s lay reports of symptoms and noted functional loss but finds that they do not result in unfavorable ankylosis of the entire spine.,The Veteran's claim for TDIU is also remanded as there are no schedular criteria met.
The deciding factor: The preponderance of the evidence does not support a higher rating than 50 percent for ankylosing spondylitis after December 17, 2013 due to lack of unfavorable ankylosis.,There is no unfavorable ankylosis of the entire thoracolumbar spine prior to December 17, 2013 as determined by a retrospective medical evaluation. The Veteran's lay reports and functional loss do not meet the criteria for unfavorable ankylosis.,The Veteran does not meet the schedular criteria for TDIU due to only one service-connected disability rated at 50 percent.
- Claimed conditions
- ankylosing spondylitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 1, 2019
- Citation
- 19175961
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied an earlier effective date for the grant of a 70 percent rating for PTSD and granted an effective date of May 31, 2004, but no earlier, for the award of a total disability rating based on individual unemployability due to service-connected disabilities (TDIU).
- Dismissed
The appeal is dismissed as the Veteran did not express disagreement with any issue decided by the AOJ within the prior year.
- Granted
The Board granted service connection for ankylosing spondylitis, finding that the evidence was at least in approximate balance as to whether the Veteran's condition had its onset during his active military service.
- Denied
The Board denied the Veteran's claim for service connection for ankylosing spondylitis, finding that the evidence does not support a link between the condition and his military service.
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