The Veteran's claim for a rating in excess of 20 percent for his lumbar spine condition is denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable rating criteria. Additionally, the Veteran was granted TDIU based on his service-connected disabilities.
The deciding factor: The Veteran's lumbar spine condition does not meet the criteria for a higher rating as it does not result in forward flexion of the thoracolumbar spine 30 degrees or less, favorable ankylosis of the entire thoracolumbar spine, or IVDS with incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months.
- Claimed conditions
- lumbar spine condition, major depressive disorder, chronic fatigue syndrome, obstructive sleep apnea, peripheral neuropathy of the right lower extremity, peripheral neuropathy of the left lower extremity, diabetes mellitus, chronic low back syndrome, right ankle condition, tinnitus, rosacea, GERD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 23, 2023
- Citation
- 23046881
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 23046881.
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
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- Denied
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- Remanded (sent back)
The Board has remanded the claims for service connection for hearing loss, tinnitus, and an acquired psychiatric disorder due to incomplete medical records and need for further examination.
- Denied
The Board denied the Veteran's claims for service connection for tinnitus, arthritis, and memory loss. The decision found no evidence linking these conditions to his military service.
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