The VA has determined that the veteran's service-connected degenerative disc disease of the thoracolumbar spine does not meet or approximate criteria for a higher disability rating, as it does not involve ankylosis and its impact on employment is already contemplated by the current evaluation.
The deciding factor: The medical evidence does not demonstrate ankylosis of any portion of the veteran's spine, which would allow for a higher evaluation under the applicable diagnostic codes.
- Claimed conditions
- degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 4, 2006
- Citation
- 0609780
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted service connection for rhinitis, right hip strain, and left ankle strain but dismissed the claim for sinusitis as moot. The increased rating claim for degenerative disc disease of the thoracolumbar spine was denied.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.