The Veteran's service-connected intervertebral disc syndrome of the lumbar spine is currently rated at 40 percent, but does not meet the criteria for a higher rating as there are no incapacitating episodes or unfavorable ankylosis.
The deciding factor: The Veteran’s IVDS did not manifest in incapacitating episodes having a total duration of at least six weeks during any 12-month period or in unfavorable ankylosis of the entire thoracolumbar spine, which would be required for a higher rating under Diagnostic Code 5243.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 16, 2020
- Citation
- 20040932
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 20040932.
What this means for you
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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 a cervical spine disability and lumbar spine disability as further development is needed to obtain an adequate medical opinion.
- Remanded (sent back)
The Board remands the service connection claims for intervertebral disc syndrome (IVDS) of the lumbar spine, left lower extremity sciatica secondary to IVDS, bilateral plantar fasciitis, a left ankle condition, a left foot condition, and hypertension due to duty-to-assist errors.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining relevant private treatment records and securing an addendum medical opinion to assess the historical severity of the Veteran's lumbar spine disability.
- Granted
The Veteran's service-connected disabilities have rendered him unable to secure and maintain substantially gainful employment since January 31, 2013. Effective October 8, 2019, the Veteran is granted a TDIU.
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