The Veteran's claim for increased ratings and earlier effective date for service connection of his back disability was denied. The rating for the lower spine prior to September 29, 2020 is denied as there is no evidence of unfavorable ankylosis or incapacitating episodes meeting criteria for a higher rating.
The deciding factor: The Veteran's range of motion did not meet the criteria for a higher rating under Diagnostic Codes 5237 and 5243, which require either unfavorable ankylosis or incapacitating episodes with total duration of at least 6 weeks during the past 12 months.
- Claimed conditions
- Degenerative disc disease of the lower spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 22, 2024
- Citation
- 24017048
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 24017048.
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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 issues of entitlement to an initial rating in excess of 40 percent for degenerative disc disease of the lower spine, prior to September 29, 2020, and entitlement to a TDIU prior to September 5, 2017, due to inadequate medical opinions.
- Granted
The Veteran's service-connected disabilities from September 5, 2017, precluded him from obtaining and maintaining substantially gainful employment.
- Granted
The Veteran's service-connected disabilities, including a mood disability and multiple orthopedic disorders, have rendered her unable to secure and follow a substantially gainful occupation since October 16, 2013. The Board has granted a TDIU from that date.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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