The Board granted a disability evaluation of 40 percent for the low back disability prior to August 10, 2020, but denied an evaluation in excess of 40 percent from that date.
The deciding factor: The Veteran's symptoms during flareups and with repetitive use of the joint over time functionally equated to favorable ankylosis of the thoracolumbar spine for the entire appeal period prior to August 2020, warranting a 40 percent evaluation. There was no evidence indicating unfavorable ankylosis or its functional equivalent at any point during the periods on appeal.
- Claimed conditions
- low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 15, 2024
- Citation
- 24033100
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Denied
The Board denied service connection for the veteran's claimed conditions, including right shoulder arthritis, left shoulder arthritis, right hip condition, left hip condition, low back disability, and bilateral lower extremity radiculopathy, as there was no evidence of in-service injury or illness related to these conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for a low back disability to correct a pre-decisional duty to assist error.
- Denied
The Board denied service connection for hemorrhoids, scars, low back disability, left ankle disability, left and right shoulder disabilities, and left and right hip disabilities as the evidence did not show that the Veteran had these conditions or related symptoms during the appeal period.
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