The Veteran's right ankle osteochondral defect with degenerative arthritis was granted an initial rating of 20 percent from May 8, 2009 to October 30, 2013 and a maximum 20 percent rating thereafter. The lumbosacral strain with degenerative disc disease was granted an initial rating of 40 percent effective September 28, 2013.,The Veteran's radiculopathy of the left lower extremity and right lower extremity were found to be service connected as a result of his lumbosacral strain. The TDIU claim was granted effective September 28, 2013.
The deciding factor: The Veteran's symptoms met the criteria for an initial rating of 40 percent under the Spine Formula due to forward flexion of the thoracolumbar spine being less than 30 degrees.
- Claimed conditions
- Osteochondral defect with degenerative arthritis, right ankle, Lumbosacral strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 24, 2023
- Citation
- 23047149
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 23047149.
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 Veteran was granted a rating of total disability due to individual unemployability (TDIU) based upon service-connected disorders effective July 20, 2022, and basic eligibility to Dependents' Educational Assistance (DEA) pursuant to 38 U.S.C. chapter 35 for the same effective date.
- Granted
The Board granted service connection for lumbosacral strain with degenerative disc disease, right shoulder impingement syndrome with rotator cuff strain, and right lower extremity femoral radiculopathy.
- Denied
The Board denied the veteran's claims for an increased rating and a separate compensable rating for his lumbosacral strain with degenerative disc disease and left lower extremity radiculopathy, respectively.
- Granted
The Board granted an effective date of December 5, 2022, for the award of a TDIU and basic eligibility to Dependents' Educational Assistance based on permanent and total disability status.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.