The Veteran's claim for a higher rating for his lumbar spine degenerative disease was granted, but only up to 40 percent. The claim for TDIU was denied as the Veteran did not meet the schedular criteria and there were no other factors that would allow for an extraschedular TDIU determination.
The deciding factor: The medical evidence showed that the Veteran's lumbar spine disability, while causing significant pain and functional impairment, did not result in unfavorable ankylosis of the thoracolumbar spine. The combined rating for his service-connected disabilities was 60 percent, which is less than the 70 percent required for a TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- lumbar spine degenerative disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 23, 2022
- Citation
- 22054374
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 22054374.
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.
- Denied
The Veteran's lumbar spine disability was not found to meet the criteria for a higher rating, as it did not demonstrate forward flexion of the thoracolumbar spine at or below 30 degrees.
- Remanded (sent back)
The Veteran's appeal is remanded for further consideration of his claims, including service connection for an acquired psychiatric disorder and the rating for his back disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete records and insufficient examinations. The Veteran is seeking service connection for various orthopedic conditions, including lumbar spine degenerative disease, bilateral hips, knees, legs, and feet, as well as hypertension, jaw condition, and headaches.
- Dismissed
The Veteran's service-connected disabilities, including chronic kidney disease and multiple musculoskeletal conditions, rendered him unable to secure or follow substantially gainful employment prior to January 27, 2021. From that date, his combined disability rating was 100 percent due to the combination of all his service-connected conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.