The Board denied increased ratings for the Veteran's lumbar spine disorder and a TDIU, as the evidence did not support higher ratings or unemployability.
The deciding factor: The Veteran's symptoms did not meet the criteria for higher ratings under applicable diagnostic codes, and he did not meet the schedular criteria for a TDIU at any time during the appeal period.
- Claimed conditions
- Lumbosacral strain, Spondylolisthesis, Spondylolysis with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2024
- Citation
- 24003572
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 Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Dismissed
The appeal is dismissed due to res judicata, as the issues were previously adjudicated and are now barred from further review.
- Dismissed
The appeal was dismissed due to untimely filing of the Notice of Disagreement (NOD) for claims related to an increased rating and service connection, as well as lack of jurisdiction over a previously granted claim for sinusitis.
- Granted
The Veteran was granted separate ratings of special monthly compensation (SMC) based on the need for aid and attendance, a higher rating under 38 U.S.C. § 1114(o), and a higher rating under 38 U.S.C. § 1114(r)(1).
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.