The Veteran's back disability, including lumbar spondylolisthesis at L5-S1 and thoracic spine levoscoliosis, was denied an increased rating prior to September 19, 2018, and in excess of 20 percent thereafter.,Right lower extremity radiculopathy was also denied a separate rating prior to October 18, 2019, and an initial disability rating in excess of 10 percent.
The deciding factor: The evidence did not support the finding that the Veteran's back disability manifested with symptomatology that more nearly approximated forward flexion of the thoracolumbar spine of 30 degrees or less; or with favorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- lumbar spondylolisthesis at L5-S1, thoracic spine levoscoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 24, 2021
- Citation
- 21070433
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 21070433.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for service connection for bilateral pes planus and thoracic spine levoscoliosis were denied as there is no evidence of a claim prior to May 16, 2022. The effective dates for these conditions are set at May 16, 2022.
- Remanded (sent back)
The Board has remanded the case due to the need for additional examinations and records, particularly regarding the Veteran's lumbar spine spondylolisthesis and thoracic spine levoscoliosis.
- Granted
The Veteran's lumbar spondylolisthesis at L5-S1 is rated as 60 percent disabling since November 26, 2013. The RO also granted SMC under 38 U.S.C.A. § 1114(s) effective from the same date. TDIU is moot due to the Veteran's already being in receipt of a total disability rating for individual unemployability based on service-connected disability.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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