The Veteran's initial rating for thoracolumbar spine degenerative disc disease was granted at 10 percent prior to September 28, 2017. From December 15, 2020, the Veteran is now rated at 40 percent for RLE radiculopathy of the sciatic nerve.
The deciding factor: The VA examinations and medical records did not show IVDS with incapacitating episodes, which would have warranted a higher rating under the IVDS Rating Formula. The Veteran's disability was evaluated based on its impact on his spine function without considering IVDS.
- Claimed conditions
- Thoracolumbar spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2021
- Citation
- 21066668
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 21066668.
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 initial claim for a higher rating for thoracolumbar spine degenerative disc disease was denied as his disability did not meet the criteria for a higher rating than 10 percent.
- Remanded (sent back)
The Veteran's service connected thoracolumbar spine degenerative disc disease, cervical spine degenerative disc disease, radiculopathy of the right upper and lower extremities, and radiculopathy of the left upper and lower extremities are all remanded for further development.
- Granted
The Veteran's service-connected disabilities, including thoracolumbar and cervical spine conditions, preclude locomotion without the aid of a walker, warranting eligibility for specially adapted housing.
- Partly granted
The Board granted service connection for bilateral hearing loss and denied a compensable disability rating for hypertension. Several issues related to increased ratings were remanded.
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