The veteran's low back condition has been rated at 10 percent prior to July 24, 2006 and at 20 percent beginning July 24, 2006. The hearing loss remains non-compensable.
The deciding factor: The VA examinations consistently showed the veteran's thoracolumbar spine had flexion of up to 90 degrees without pain, which does not meet the criteria for a higher rating under DC 5237.
- Claimed conditions
- Degenerative Joint Disease of the Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 23, 2007
- Citation
- 0715314
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 0715314.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals for increased ratings for various shoulder and back conditions have been dismissed due to the withdrawal of his claims.,His low back disability is rated at 40 percent, with symptoms approximating favorable ankylosis.
- Remanded (sent back)
The Board has corrected the effective date of an initial 40 percent rating for degenerative joint disease of the thoracic spine from March 14, 2007. The issue of a higher initial rating remains on appeal.
- Granted
The Veteran's back disability, specifically degenerative joint disease of the thoracic spine with mid-thoracic kyphosis, has been granted a 40 percent rating since October 28, 2016.
- Denied
The Veteran's service-connected back disability has not manifested to unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, thus preventing a higher rating.
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