The Veteran's IVDS of the thoracolumbar spine is now rated at 40 percent, effective June 30, 2020. The right ankle disability has been restored to a 10 percent rating from June 22, 2016.
The deciding factor: The Veteran's IVDS of the thoracolumbar spine improved with treatment and is now rated at 40 percent effective June 30, 2020. The right ankle disability has been restored to a 10 percent rating from June 22, 2016.
- Claimed conditions
- IVDS of the thoracolumbar spine, rheumatoid arthritis of the thoracolumbar spine, radiculopathy of the lower right extremity, rheumatoid arthritis of the lower right extremity, rheumatoid arthritis of the lower left extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2020
- Citation
- 20081408
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (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 20081408.
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.
- Partly granted
The Board granted readjudication of the claims for service connection based on new and relevant evidence, but remanded several issues for further development.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased disability ratings for radiculopathy of the bilateral lower extremities due to a lack of adequate evaluation in the previous VA examination. A new VA examination is required to determine the severity of these conditions.
- Denied
The Veteran's left ear hearing loss was not granted a compensable rating.,For the period from March 23, 2017, to April 27, 2018, the Veteran received a maximum schedular rating for IBS under Diagnostic Code 7319. For the period since April 27, 2018, the Veteran's IBS has been manifested by moderate symptomatology with frequent episodes of bowel disturbance.,The Veteran's sinusitis did not meet criteria for an increased rating as it was not characterized by incapacitating episodes or a history of sinus surgery.,The calluses on the bilateral feet were not painful and collectively measured less than 144 sq. in., thus not meeting criteria for an increased rating.,Right and left knee disabilities have been manifested by findings of limitation of flexion resulting in additional functional loss, but did not meet criteria for a higher rating as they are already at the maximum schedular rating under Diagnostic Code 5260.,The Veteran's right knee instability was granted an initial 30 percent rating and left knee instability was granted an initial 10 percent rating based on moderate recurrent lateral instability.,Radiculopathy of the bilateral lower extremities has been rated at 20 percent, consistent with moderate incomplete paralysis of the sciatic nerve.,The Veteran's TMJ disability is related to a service-connected disability and thus granted service connection.,Crohn's Disease was not found to be incurred or aggravated during service.,Respiratory disability and sleep apnea were not found to be incurred or aggravated during service.,Right and left ankle disabilities were not shown in service and are not otherwise related to service.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.
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