The Veteran's claim for a rating in excess of 40 percent for his back disability is denied. The Board also found that the Veteran was entitled to TDIU prior to June 9, 2023 and dismissed the claim for TDIU beginning June 9, 2023 as moot.
The deciding factor: The evidence did not support a higher rating based on ankylosis or incapacitating episodes of IVDS. The Veteran's back disability limited his ability to work due to pain with sitting, standing, and walking for prolonged periods.
- Claimed conditions
- disk herniation, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 30, 2023
- Citation
- 23063468
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 23063468.
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.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
- Partly granted
The Board granted a separate 20 percent rating for intervertebral disc syndrome based on limited cervical range of motion and a 40 percent rating for IVDS based on limited thoracolumbar range of motion, while dismissing the appeal for service connection for a right knee disability.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
- Denied
The Board denied the veteran's claims for earlier effective dates and increased ratings, as well as service connection for several conditions.
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