The Board denied an extraschedular rating for the lumbar spine disability prior to April 28, 2015 and granted a TDIU from February 1, 2010 onwards. The decision also noted that the Veteran's combined rating was at or above 70% throughout the appeal period.
The deciding factor: The Board found no evidence of ankylosis of the spine or its functional equivalent to warrant an extraschedular rating for the lumbar spine disability prior to April 28, 2015. The TDIU was granted based on the Veteran's combined rating exceeding 70%.
- Claimed conditions
- degenerative joint/disc disease, lumbar spine, multilevel with spondylosis, posttraumatic stress disorder (PTSD), obstructive sleep apnea, postoperative residuals, left total knee arthroplasty with traumatic arthritis, post prosthetic replacement of the right knee, radiculopathy, left lower extremity, radiculopathy, right lower extremity, erectile dysfunction, scar, left knee, scar, right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 25, 2023
- Citation
- 23040499
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 23040499.
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.
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- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
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