The Veteran's claim for an earlier effective date for the award of a 40 percent rating for IVDS prior to October 13, 2016 was denied. The Veteran did not file a timely appeal after the November 2011 decision.,The Veteran's claim for service connection for left second toe scar is dismissed as he did not file a timely appeal of the December 2009 rating decision that granted service connection with an effective date of November 26, 2008.,The Veteran's claim for a compensable rating for erectile dysfunction was denied. The evidence does not show penile deformity or other impairment associated with erectile dysfunction.,The Veteran's claim for a higher rating for IVDS is denied as the evidence does not show ankylosis of the thoracolumbar spine, and there are no incapacitating episodes meeting the criteria for a 60 percent rating under the Formula for Rating IVDS Based on Incapacitating Episodes.,The Veteran's claim for TDIU based on service-connected disabilities is granted as his education and work history prevented him from performing employment duties due to his service-connected disabilities.,The Veteran's claims for bilateral hip disability, right ear hearing loss, PTSD, joint condition, and dental condition are remanded as new evidence has been submitted that may reopen these previously denied claims.,The Veteran's claim for a compensable rating for right ear hearing loss is remanded as new evidence has been submitted that may reopen this previously denied claim.

The deciding factor: There was no evidence of ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine.,The Veteran's erectile dysfunction does not meet the criteria for a compensable rating as there is no evidence of deformity, removal or atrophy of the testes, or other impairment associated with erectile dysfunction.,There was no evidence of ankylosis of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.,The evidence does not show ankylosis or fixation of the thoracolumbar spine to warrant a higher rating under the General Criteria for the Spine. The Veteran's forward flexion of the thoracolumbar spine was measured at 25 degrees during flare-ups, which is consistent with the 40 percent rating assigned.

Claimed conditions

Intervertebral disc syndrome (IVDS), lumbar spine, Erectile dysfunction, Left second toe postoperative with residual scar, Bilateral hip disability, Right ear hearing loss, Posttraumatic stress disorder (PTSD), Joint condition, Dental condition

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

January 26, 2024

Citation

24003993

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 24003993.