The Veteran's claim for an earlier effective date prior to January 14, 2019, for the increase of her back disability rating to 40 percent is denied.,The Veteran's claims for ratings over 40 percent for her right shoulder disability and persistent depressive disorder are also denied. A TDIU was granted.
The deciding factor: There is no evidence of unfavorable ankylosis of the entire thoracolumbar spine during the period on appeal, which would be required for a rating over 40 percent.,The Veteran's right shoulder disability does not meet the criteria for a higher rating based on limitation of motion to midway between side and shoulder level (flexion or abduction limited to 45 degrees).,Throughout the period on appeal, the severity, frequency, and duration of the Veteran's persistent depressive disorder symptoms did not more closely approximate occupational and social impairment with deficiencies in most areas.
- Claimed conditions
- lumbar spine spinal stenosis, degenerative disc disease, intervertebral disc syndrome, L4-5 and L5-S1 herniated discs
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 22, 2024
- Citation
- A24020256
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 A24020256.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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