The Veteran's low back disability is rated at 40 percent, and he is granted a TDIU effective February 1, 2019. The Board found the evidence did not support an increased rating for the low back disability or a higher rating for any other service-connected conditions.
The deciding factor: The Veteran's low back disability does not meet the criteria for ankylosis during flare-ups and is rated at 40 percent, which is the maximum schedular rating available. The TDIU was granted as the Veteran's combined service-connected disabilities (including his low back disability) do not meet the requirements for a total disability rating based on individual unemployability.
- Claimed conditions
- low back disability, ischemic heart disease, left leg fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 9, 2022
- Citation
- 22062765
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 22062765.
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 Board denied the Veteran's claim for service connection for a heart condition, including ischemic heart disease. The evidence did not support a finding of a current disability related to service.
- Granted
The Veteran's ischemic heart disease is granted as presumptively related to his service in the Gulf War, specifically aboard the USS Chanticleer and USS Mataco.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
- Granted
The Veteran's claim for a heart disability prior to his death is granted as he was entitled to accrued benefits due to the September 1994 claim, which included ischemic heart disease, a covered herbicide disease.
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