The Veteran was granted an initial 50 percent evaluation for a lumbar spine disability from April 21, 2015 to February 16, 2017, but the claim for an evaluation in excess of 40 percent from May 1, 2017 to present was denied.
The deciding factor: The decision was based on the functional equivalent of unfavorable ankylosis of the entire thoracolumbar spine during a specific period and the lack thereof in another period.
- Claimed conditions
- lumbar degenerative disc disease, severe canal stenosis at L2-L5, facet arthropathy, and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 11, 2022
- Citation
- 22001481
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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