The Board granted a 50 percent disability rating for the Veteran's back disability, effective from November 30, 2007, and also granted a total disability rating based on individual unemployability (TDIU) as of April 1, 2009.
The deciding factor: The Veteran's back disability symptomatology more nearly approximates unfavorable ankylosis of the thoracolumbar spine, which is contemplated by a 50 percent rating under the general rating formula. Additionally, his combined service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation.
- Claimed conditions
- Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 22, 2024
- Citation
- 24032090
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with VA's duty to assist.
- Dismissed
The appeal for service connection for hypertension is dismissed as the claim has been fully granted. The claims for bilateral hearing loss, back disability, fatigue, and acquired psychiatric disability are remanded for further development.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including a back disability, right and left lower extremity peripheral nerve disabilities, a right foot disability, sleep apnea, bilateral hearing loss, and tinnitus, to correct pre-decisional duty to assist errors.
- Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
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