The Veteran's appeal for a higher rating for low back strain and TDIU was denied. The Board found that the evidence did not support an increased rating for her low back disability, as she had not demonstrated ankylosis or IVDS with incapacitating episodes. For TDIU, the Veteran met the schedular criteria but failed to show that she is precluded from substantially gainful employment due to service-connected disabilities.
The deciding factor: The Board found no evidence of ankylosis or IVDS with incapacitating episodes for the low back disability, which prevented a higher rating. For TDIU, the Veteran's educational and occupational history did not support her claim as she had been employed in significant capacities prior to the appeal period.
- Claimed conditions
- Low back strain, Posttraumatic stress disorder (PTSD), Fibromyalgia, Left thoracolumbar radiculopathy, Right thoracolumbar radiculopathy, Left knee arthritis, Right knee arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 22, 2022
- Citation
- 22016492
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 22016492.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Remanded (sent back)
The Veteran's hearing loss and low back strain claims are remanded for further evaluation. The hearing loss claim is denied, while the low back strain claim requires additional examination to determine its severity.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Dismissed
The Veteran's appeals for increased rating and earlier effective date for PTSD have been dismissed due to her withdrawal of the appeal.
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