The Veteran's claim for a higher rating of his lumbar spine disability is denied. Service connection for left and right shoulder disabilities is also denied. A TDIU is granted effective April 2, 2019.
The deciding factor: The evidence does not support ankylosis or other functional loss that would warrant a higher rating than the currently assigned 40 percent for the lumbar spine disability. The Veteran's left and right shoulder disabilities are not service-connected due to lack of in-service injury or disease. A TDIU is granted as the Veteran meets the schedular criteria with his combined disability rating.
- Claimed conditions
- lumbar spine degenerative disc disease with degenerative joint disease and spondylosis, left shoulder disability, right shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 7, 2023
- Citation
- 23049248
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 23049248.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Denied
The Board denied service connection for various conditions, including right shoulder disability, abdominal hernia, GERD, bilateral ankle disabilities, and bilateral foot disabilities. The evidence did not support a finding that these conditions were incurred or aggravated during the appellant's period of active duty.
- Remanded (sent back)
The Board has denied service connection for residuals of gallbladder removal and remanded the other claims due to insufficient evidence.
- Granted
The Board has granted service connection for right shoulder, right shin, and left shin disabilities manifested by pain causing impairment in earning capacity. The decision is based on the Veteran's testimony regarding his symptoms during service.
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