The Board denied a rating in excess of 40 percent for lumbosacral strain with IVDS from October 2, 2007, as the Veteran's IVDS did not manifest unfavorable ankylosis or result in incapacitating episodes (requiring prescribed bedrest) having a total duration of at least 6 weeks during a period of 12 months.
The deciding factor: The evidence did not show unfavorable ankylosis of the entire thoracolumbar spine, and there were no documented episodes of incapacitating IVDS requiring prescribed bed rest over the past 12 months.
- Claimed conditions
- lumbosacral strain with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 28, 2022
- Citation
- 22055294
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 22055294.
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 Veteran's claims for increased ratings and TDIU are being remanded due to a duty to assist error in the initial rating decision. The VA examiner is requested to provide an addendum opinion regarding the severity of the Veteran's lumbosacral strain with IVDS without considering the ameliorative effects of medication, and to provide a retrospective opinion on its severity during the period from October 1, 2011, to October 4, 2023.
- Remanded (sent back)
The Veteran's claims for increased ratings and initial ratings for his service-connected disabilities are being remanded due to the need for additional development of evidence.
- Denied
The Veteran's claim for a higher initial rating of 40 percent for lumbosacral strain with intervertebral disc syndrome (IVDS) is denied, as there is no evidence showing the disability has most closely approximated IVDS with incapacitating episodes or forward flexion limited to 30 degrees during the past 12 months.
- Remanded (sent back)
The Board remands the claims for service connection for bilateral shoulder conditions, lumbosacral strain with IVDS, and bilateral hip conditions to correct pre-decisional duty to assist errors.
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