The Veteran's appeal for specially adapted housing and special home adaptation grant has been dismissed.,His claim for a rating in excess of 40 percent for lumbosacral spine disability is denied, as the evidence does not show unfavorable ankylosis or functional equivalent of ankylosis. The Veteran retains some range of motion despite pain and limited function.,The Veteran's TDIU claim has been granted effective December 13, 2019.
The deciding factor: The Veteran withdrew his appeal for specially adapted housing and special home adaptation grant during the March 2023 hearing. The lumbosacral spine disability does not meet criteria for a rating in excess of 40 percent due to lack of unfavorable ankylosis or functional equivalent thereof.,For TDIU, the Veteran's service-connected disabilities do not meet the combined percentage requirement (70% with one 60% disability or two 40% disabilities). The claim is granted effective December 13, 2019.
- Claimed conditions
- lumbosacral spine degenerative joint disease and degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 9, 2024
- Citation
- A24024483
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 A24024483.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
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