The Veteran's thoracolumbar strain with IVDS is not rated higher than 40 percent due to lack of unfavorable ankylosis.,The Veteran's sciatic radiculopathy of the left and right lower extremities are both rated at 20 percent, as they do not meet criteria for a higher rating.
The deciding factor: The evidence does not support findings of unfavorable ankylosis in the thoracolumbar spine, which is required for a higher rating under Diagnostic Code 5243-5237.
- Claimed conditions
- Thoracolumbar strain, Intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 6, 2024
- Citation
- 24010890
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 24010890.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Granted
The Board has granted the appellant's claims for service connection for various disabilities, including cervical strain, elbow and knee conditions, radiculopathy of upper and lower extremities, thoracolumbar strain, and GERD. The effective date is set at September 13, 2023.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the rating decision issued on October 21, 2021.
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