The Veteran's thoracolumbar spine disability is rated at 40 percent, which does not meet the criteria for a higher rating.,The Veteran's right ankle disability is currently rated at 10 percent and does not meet the criteria for a higher rating.,The Veteran's TBI with psychiatric disability is rated at 70 percent, meeting the criteria for this rating.,The Veteran's left lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's right lower extremity radiculopathy is rated at 10 percent, which does not meet the criteria for a higher rating.,The Veteran's headaches are currently rated at 30 percent and do not meet the criteria for a higher rating.
The deciding factor: The evidence does not show unfavorable ankylosis of the thoracolumbar spine or its functional equivalent, which would be required to grant a higher rating under Diagnostic Code 5237.,The Veteran's right ankle disability has been rated at 10 percent since August 2013 and there is no evidence showing that it meets the criteria for a higher rating based on limitation of motion or other factors.,The Veteran's TBI with psychiatric disability, as assessed under Diagnostic Code 9440-8045, has been rated at 70 percent since November 2023 and does not meet the criteria for a higher rating based on the severity of his symptoms.,The evidence shows that the Veteran's left lower extremity radiculopathy is manifested by no more than mild incomplete paralysis, which does not meet the criteria for a higher rating under Diagnostic Code 8520.,The evidence shows that the Veteran's right lower extremity radiculopathy is manifested by no more than mild incomplete paralysis, which does not meet the criteria for a higher rating under Diagnostic Code 8520.,The Veteran's headaches are currently rated at 30 percent and do not meet the criteria for a higher rating based on the severity of his symptoms.
- Claimed conditions
- Thoracolumbar spine disability, Right ankle disability, Traumatic brain injury (TBI) with psychiatric disability, Left lower extremity radiculopathy, Right lower extremity radiculopathy, Headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 12, 2024
- Citation
- 24034271
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 24034271.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted effective dates of July 10, 2024 for service connection for PTSD, lumbar strain, and left lower extremity radiculopathy.
- Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
- Granted
The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.