The veteran's degenerative disc disease of the thoracic spine was rated at 20 percent prior to September 26, 2003, and did not meet criteria for a higher rating on or after that date.
The deciding factor: The decision was based on the specific findings from medical examinations conducted in May 2003, January 2005, and November 2006, which did not show sufficient worsening to warrant a higher rating under applicable diagnostic codes.
- Claimed conditions
- Degenerative disc disease of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2008
- Citation
- 0812705
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the case to obtain a medical opinion regarding the severity of the Veteran's back disabilities, specifically addressing functional loss during flare-ups and with repeated use over time.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease of the thoracic spine, a rating in excess of 70 percent for PTSD and panic disorder with alcohol use disorder (in remission), and entitlement to a total disability rating based on individual unemployability.
- Partly granted
The Veteran's claim for service connection for degenerative disc disease of the thoracic spine was denied.,The Veteran's claim for service connection for a cerebrovascular accident, to include as secondary to service-connected cervical myositis, was also denied.,The Veteran's claim for service connection for right hemiparesis and depressive disorder were not addressed in this decision due to the remand status of these claims.,The Veteran's claim for an evaluation in excess of 20 percent for degenerative disc disease of the lumbar spine was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 30 percent for degenerative disc disease of the cervical spine was denied.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the right upper extremity was granted, with a rating of 40% effective March 12, 2009.,The Veteran's claim for an evaluation in excess of 20 percent for radiculopathy of the left upper extremity was denied.,The Veteran's claim for a total disability evaluation based upon individual unemployability (TDIU) due to service-connected disabilities was not addressed in this decision.
- Denied
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.