The Board denied the veteran's claims for increased ratings and earlier effective dates, finding that the evidence did not support higher ratings or earlier effective dates.
The deciding factor: The Veteran's back disability did not meet the criteria for a rating in excess of 10 percent prior to October 15, 2020, and in excess of 40 percent thereafter, as his range of motion and symptoms did not warrant a higher rating under the applicable diagnostic codes.
- Claimed conditions
- thoracic spine degenerative arthritis, lumbar spine sprain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 10, 2023
- Citation
- 23001485
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claims for increased ratings and a TDIU, finding that his lumbar spine disability did not warrant higher ratings and that he was capable of obtaining and maintaining substantially gainful employment prior to July 25, 2017, but not since.
- Remanded (sent back)
The Board remands the issues of entitlement to a higher disability evaluation for lumbar spine sprain and entitlement to TDIU due to insufficient evidence regarding the severity of the Veteran's condition, particularly concerning the effects of medication on his range of motion.
- Granted
The Veteran's service-connected disabilities preclude substantially gainful employment, and a total disability based on individual unemployability (TDIU) is granted.
- Remanded (sent back)
The Board remands the claims for higher disability evaluations for hepatitis C and B, as well as lumbar spine sprain, due to additional VA treatment records not considered in previous adjudications.
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