The Veteran's initial 40 percent rating for degenerative arthritis of the lumbosacral spine is granted, effective July 19, 2013. The case is remanded for further evaluation regarding TDIU.
The deciding factor: The VA examination in September 2020 showed that the Veteran's range of motion was limited to 10 degrees in flexion and extension, but he retained some degree of lateral flexion and rotation, which prevented him from having unfavorable ankylosis or IVDS with incapacitating episodes.
- Claimed conditions
- Degenerative Arthritis of the Lumbosacral Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 22, 2022
- Citation
- 22053931
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 22053931.
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.
- Partly granted
The Board denied an initial rating in excess of 10 percent for tinnitus and dismissed the claim for service connection for right knee degenerative joint disease. The claims for service connection for acquired psychiatric disability, degenerative arthritis of the cervical spine, degenerative arthritis of the lumbosacral spine, headache disability, and obstructive sleep apnea were remanded.
- Granted
The Board has granted special monthly compensation based on the need for aid and attendance due to service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, asthma, bilateral radiculopathy of the sciatic nerve in lower extremities, bilateral radiculopathy of the femoral nerve in lower extremities, hypertension, pseudofolliculitis barbae, and post-operative scars of the lumbosacral spine. The Veteran's service-connected disabilities have rendered him unable to keep himself clean and presentable due to his conditions.
- Denied
The Veteran's degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is currently rated at 40 percent, which is the maximum schedular rating available.,An effective date prior to July 2, 2020, for a 40 percent disability rating for degenerative arthritis of the lumbosacral spine with intervertebral disc syndrome and spinal stenosis is denied.
- Denied
The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, tinnitus associated with TBI, and headaches related to TBI, are not considered sufficient to render him unable to secure or follow a substantially gainful occupation.
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