The Veteran's thoracolumbar spine disorder is rated at 40 percent, and her right knee instability and limitation of extension are each separately rated. The TDIU claim is granted.
The deciding factor: The Veteran’s thoracolumbar spine disorder was found to meet the criteria for a 40 percent rating under DC 5237 due to limited range of motion with painful motion, but no ankylosis or incapacitating episodes were noted over the past 12 months.
- Claimed conditions
- Thoracolumbar spine degenerative arthritis, Degenerative disc disease, Degenerative joint disease, Herniated nucleus pulposus, Foraminal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 5, 2021
- Citation
- 21006737
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 21006737.
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.
- Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
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