The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
The deciding factor: The Veteran testified to having periods of incapacitation due to back pain lasting up to eight weeks at a time, which was corroborated by medical records. This met the criteria for an extraschedular evaluation based on incapacitating episodes.
- Claimed conditions
- Degenerative disc and joint disease of the lumbosacral spine, Intervertebral disc syndrome (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- March 21, 2023
- Citation
- 23017535
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 23017535.
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.
- Granted
The Board granted an initial rating of 50 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder and major depressive disorder, but no higher. It also granted an initial rating of 20 percent for intervertebral disc syndrome (back disability), but no higher.
- Denied
The Board denied the Veteran's motion to revise a January 9, 2004 rating decision that reduced his disability rating for degenerative disc and joint disease of the lumbosacral spine from 40% to 20%. The reduction was based on improvement in the Veteran's condition as evidenced by a VA examination report.
- Remanded (sent back)
The Board has remanded the Veteran's claims for initial ratings and increased ratings for his service-connected lumbosacral spine and cervical spine disabilities, as well as his claim for a total disability rating based on individual unemployability (TDIU). The AOJ is instructed to obtain any outstanding VA or private treatment records and undertake additional development if necessary.
- Denied
The Veteran's claims for increased ratings for his back and left shoulder disabilities have been granted with effective dates prior to January 8, 2013.,The claim to reopen the right heel bone spur has been denied.
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