The Veteran's service-connected intervertebral disc syndrome (IVDS) lumbar spine disability is granted a rating of 40 percent, but no higher, effective from November 14, 2014. The Veteran also received a grant for TDIU on a schedular basis starting August 1, 2015.
The deciding factor: The VA examiner provided motion loss estimates during flare-up and repeated use over time periods, indicating the Veteran's IVDS lumbar spine disability resulted in significant functional impairment that warranted a higher rating than what was initially assigned.
- Claimed conditions
- intervertebral disc syndrome (IVDS), lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 7, 2022
- Citation
- 22033365
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 22033365.
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.
- Remanded (sent back)
The Board has remanded four issues related to the Veteran's service-connected disabilities, including right knee strain, limited flexion of the right knee, IVDS in the lumbar spine, and right shoulder strain. The case will be returned to the RO for readjudication based on all relevant evidence received since the March 2021 Board hearing.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service-connected intervertebral disc syndrome (IVDS) of the lumbar spine, left lumbar radiculopathy, and left lower extremity sciatic and femoral radiculopathies. The issues include seeking higher ratings for these conditions as well as a TDIU determination. Additional development is needed to obtain medical records and conduct examinations to assess the current severity of the Veteran's disabilities.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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