The Veteran's claim for a higher rating for his thoracolumbar spine IVDS and bilateral lumbar radiculopathy was partially granted, with the effective date set at January 1, 2020. The Veteran is now rated at 40 percent for his thoracolumbar spine IVDS since that date.
The deciding factor: The VA examiner found that the Veteran's symptoms did not meet criteria for unfavorable ankylosis of the entire thoracolumbar spine or favorable ankylosis, and thus a higher rating could not be granted based on spinal fusion. However, his symptoms were severe enough to warrant a 40 percent rating.
- Claimed conditions
- Thoracolumbar spine intervertebral disc syndrome (IVDS), Lumbar strain, Bilateral lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 12, 2021
- Citation
- 21001877
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 21001877.
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.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Granted
The Veteran's service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
Service connection for PTSD, to include depression is granted.,Service connection for blisters of bilateral feet is denied.,Service connection for cervical strain is denied.,Service connection for headaches is denied.,Service connection for right shoulder rotator cuff injury is denied.,Service connection for chest injury and lumbar strain are remanded.
- Granted
The Veteran's service-connected disabilities, including her lumbar spine disability and migraine headaches, have caused her to require regular aid and attendance. SMC based on the need for aid and attendance is granted.
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