The Veteran's appeal for a TDIU has been dismissed as the issue was fully granted through the appeal period.,The criteria for an increased rating for his lumbar spine disability in excess of 40 percent prior to August 16, 2019, and in excess of 50 percent thereafter are not met. The Veteran does not have unfavorable ankylosis of the entire thoracolumbar spine.,The Veteran's lumbar spine scar is rated as noncompensable under Diagnostic Code (DC) 7805 due to its small size.
The deciding factor: The Veteran was granted a TDIU effective August 8, 2017, the date of his increased rating claim for a lumbar spine disability. The evidence does not support an earlier effective date.,Prior to August 16, 2019, there is no evidence of unfavorable ankylosis of the entire thoracolumbar spine. After August 16, 2019, the Veteran has been granted a 50 percent disability rating based on unfavorable ankylosis of the entire thoracolumbar spine.,The lumbar spine scar measures less than 39 square centimeters (cm), is not painful or unstable, and is not associated with underlying soft tissue damage. Therefore, it does not meet the criteria for a compensable disability rating under Diagnostic Code 7805.
- Claimed conditions
- lumbar spine disability, lumbar spine scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 10, 2026
- Citation
- 26001858
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 26001858.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Dismissed
The Veteran's appeals for a higher rating, compensable rating, and extension of temporary total evaluation for his lumbar spine disability have been dismissed due to the Veteran withdrawing all claims in April 2022.
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