The Veteran's claims for increased ratings and TDIU were denied. The rating for IVDS with myelopathy, status post anterior and posterior fusion was denied as the disability did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring physician-prescribed bed rest for 6 weeks in a one-year period. The initial rating for left knee strain prior to November 12, 2021, and the TDIU claim prior to October 19, 2015, were also denied.
The deciding factor: The Veteran's back disability did not meet the criteria for a higher rating as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or incapacitating episodes requiring physician-prescribed bed rest for 6 weeks in a one-year period. The initial rating for left knee strain prior to November 12, 2021, and the TDIU claim prior to October 19, 2015, were also denied as there was no evidence of disability meeting the criteria for increased ratings.
- Claimed conditions
- intervertebral disc syndrome (IVDS) with myelopathy, status post anterior and posterior fusion, left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 19, 2023
- Citation
- 23003242
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 23003242.
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.
- Dismissed
The Board dismissed the appeals for service connection of various conditions due to untimely filing of the appeal.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal. The Board cannot issue a decision on the merits as they have no jurisdiction.
- Remanded (sent back)
The Veteran's claims for service connection for left knee strain, right knee strain, shin splints of the right leg, and shin splints of the left leg are being remanded due to a failure to obtain VA examinations and medical nexus opinions.
- Denied
The Veteran's initial evaluations for left knee strain, limitation of extension and flexion were both denied as the evidence did not show that his symptoms warranted a rating higher than 10 percent.
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