The Veteran's claim for a higher rating for his thoracolumbar spine disability is denied. The Board finds that the evidence does not support a finding of unfavorable ankylosis, and therefore, a rating in excess of 40 percent is not warranted. However, the Veteran was granted TDIU based on his service-connected disabilities.
The deciding factor: The VA examination findings did not show unfavorable ankylosis of the thoracolumbar spine, which would be required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine, bilateral radiculopathy of the lower extremities, costochondritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 10, 2022
- Citation
- 22051701
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 22051701.
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
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Other Board decisions on a similar condition or argued the same way.
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The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Partly granted
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- Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Granted
The Veteran's claim for service connection for a back disability, right and left lower extremity radiculopathy is granted. The Board found that the Veteran's current disabilities are due to his service-connected back disability.
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