The Veteran's claim for a higher rating for his lumbar spine disability prior to July 24, 2019 was denied as the evidence did not show that his condition met the criteria for an increased rating.,The Veteran's claim for a higher rating for his lumbar spine disability from July 24, 2019 onwards was also denied. The Board found that there was no evidence of unfavorable ankylosis and thus could not grant a higher rating than 40 percent.,The Veteran's claim for TDIU on an extraschedular basis prior to July 24, 2019 was granted as the evidence showed he was unable to secure or follow substantially gainful employment due to his service-connected disabilities.
The deciding factor: The evidence did not show that the Veteran's lumbar spine disability met the criteria for an increased rating prior to July 24, 2019. The VA examination in October 2014 showed full range of motion and no abnormal gait or spinal contour.,For the period from July 24, 2019 onwards, there was no evidence of unfavorable ankylosis, which is required for a higher rating than 40 percent. The VA examinations in February 2021 and June 2021 showed that the Veteran had full range of motion.,The Board found that the Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment prior to July 24, 2019.
- Claimed conditions
- Degenerative disc disease (DDD) of the thoracolumbar spine, Herniated disc L5-S1 and intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 11, 2022
- Citation
- 22045553
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 22045553.
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.
- Remanded (sent back)
The Board has remanded the claims for service connection due to incomplete records and inadequate VA opinions. The Veteran's thoracolumbar spine disorder, psychiatric disorder (including PTSD), and hypertension are all being reviewed.
- Remanded (sent back)
The case is remanded to obtain outstanding private medical treatment records and reschedule a VA examination for the Veteran's back disability.
- Granted
The Veteran's degenerative disc disease and lumbosacral strain are found to be at least as likely as not related to his in-service back injury, leading to the grant of service connection.
- Remanded (sent back)
The Veteran's claims for increased ratings for DDD of the thoracolumbar spine and peripheral neuropathy of the sciatic nerve are being remanded due to insufficient examination findings. The case will be returned for further evaluation.
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