Service connection for a lumbar spine disability currently diagnosed as degenerative joint disease of the thoracolumbar spine, lumbar spondylosis, and degeneration of lumbar intervertebral disc is granted.,Service connection for fibromyalgia is granted. Effective October 30, 2015, a rating of 50 percent, but no higher, for tension headaches is granted.,Effective October 30, 2015, the effective date for service connection for TMJ (claimed as right jaw) is set at July 13, 2004. A TDIU is also granted.
The deciding factor: The Veteran's symptoms of a lumbar spine disability have been present since his active duty service and continue to this day.,The Veteran has experienced very frequent prostrating and prolonged attacks productive of severe economic inadaptability, warranting the grant of a 50 percent rating for tension headaches effective October 30, 2015.,The Veteran's intent to file a claim for TMJ on October 30, 2015 was received after VA had denied his underlying service connection claim in February 2005. The TDIU is granted as the Veteran's disabilities preclude him from securing or following a substantially gainful occupation.
- Claimed conditions
- degenerative joint disease of the thoracolumbar spine, lumbar spondylosis, degeneration of lumbar intervertebral disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 16, 2024
- Citation
- 24008151
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 24008151.
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 Board has granted the Veteran's claim for service connection for a lumbar disorder, diagnosed as lumbar spondylosis and L3-L4 disc herniation status post hemilaminectomy (s/p) right L3-4 hemilaminectomy with diskectomy. The Board found that there is sufficient evidence to establish a nexus between the Veteran's current disability and his military service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for clarification of the Veteran's service periods. The Veteran is diagnosed with lumbosacral strain and lumbar spondylosis, and the claim will be reconsidered based on new evidence.
- Granted
The Board has granted an effective date of August 14, 2024 for the award of a 40 percent rating for service-connected chronic compression fracture at T7 with lumbar spondylosis and thoracolumbar strain.
- Remanded (sent back)
The Board has remanded the cases for further development and opinion regarding service connection for diabetes, right hip condition, and an effective date for the increased rating of lumbar spondylosis.
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