The Veteran's lumbar spine IVDS is rated at a 60 percent rating, but no higher, due to the presence of incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.
The deciding factor: The Veteran experienced incapacitating episodes with a total duration of at least 6 weeks during the past 12 months, which meets the criteria for a 60 percent rating under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- June 16, 2022
- Citation
- 22035173
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 22035173.
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.
- Granted
The Veteran's service-connected lumbar spine degenerative arthritis is now rated at 40 percent effective November 7, 2010. The claim for increased evaluation of the right knee strain has been granted with a 10 percent initial evaluation effective May 2, 2012.
- Remanded (sent back)
The Board remands the claims for an increased evaluation of a lumbar spine disability, service connection for migraines and chronic sinusitis due to deficiencies in the VA examinations.
- Denied
The Board denied the veteran's claims for higher initial ratings for lumbar spine degenerative arthritis with IVDS, right and left lower extremity radiculopathy, and a scar on the lumbar spine.
- Partly granted
The Board denied an initial rating in excess of 10 percent for right lower extremity radiculopathy and remanded the issue of a higher rating for lumbar spine degenerative arthritis with intervertebral disc syndrome (IVDS).
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