The Veteran's lumbar spine disability, which resulted in a 40 percent rating, did not meet the criteria for a higher rating as it did not result in unfavorable ankylosis of the entire thoracolumbar spine or the entire spine, or functional equivalent thereof.
The deciding factor: The VA examiner found that the Veteran's lumbar spine disability did not result in unfavorable ankylosis and had very limited motion during a flare-up.
- Claimed conditions
- lumbar spine degenerative joint and disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 9, 2024
- Citation
- A24045488
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 A24045488.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including lumbar spine degenerative joint and disc disease, osteoarthritis of the right hand second digit and thumb, asthma, left lower extremity radiculopathy, right lower extremity radiculopathy, hypertension, hiatal hernia with gastroesophageal reflux disease (GERD), prostate cancer with prostatectomy, bilateral hearing loss, erectile dysfunction, right thigh residual scar, right index finger scar, and abdomen scar, have rendered him unable to secure or follow substantially gainful employment. As a result, the Board has granted TDIU.
- Remanded (sent back)
The Veteran's TDIU claim was remanded due to issues with the Board's analysis of his educational history and work capacity. The case is now being returned for further consideration.
- Granted
The Veteran's service-connected disabilities render him in need of regular aid and attendance, which grants SMC based on the need for aid and attendance. As a result, there is no question left to decide regarding entitlement to SMC by reason of being housebound.
- Denied
The Veteran's lumbar spine disorder is rated at a 20% evaluation prior to July 23, 2020 and denied for higher evaluations on and after that date.
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