An increased 50 percent rating for a thoracic/lumbar spine disability is granted.,Prior to June 21, 2019, the Veteran's service-connected disabilities did not preclude substantially gainful employment. Since June 21, 2019, his acquired psychiatric disability has made it impossible for him to secure and follow a substantially gainful occupation.,Since June 21, 2019, the Veteran is granted TDIU.
The deciding factor: The VA examiner concluded that the Veteran experienced the functional equivalent of ankylosis of the entire thoracolumbar spine since April 2009. This conclusion was based upon significant decreases in range of motion with flare-ups and functional loss akin to ankylosing.,The evidence does not show that the Veteran's spine is fixed in a flexed or extended position, but rather he has reported and shown reductions in ability to flex or extend from a straight position during flare-ups.
- Claimed conditions
- Thoracic/lumbar spine disability, Adjustment disorder with mixed anxiety and depressed mood, Obstructive sleep apnea, Voiding dysfunction, Radiculopathy of the right and left sciatic nerve, Radiculopathy of the right and left femoral nerve, Sinusitis, Left and right knee disabilities, Tinnitus, Left ankle disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 20, 2024
- Citation
- 24008446
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 24008446.
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
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