The Board denied the veteran's claims for an increased evaluation for spondylolisthesis of the thoracolumbar spine and a TDIU. The veteran's service-connected condition is currently rated at 40 percent, which corresponds to forward flexion greater than 60 degrees but not greater than 85 degrees in the cervical spine or combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. The veteran's disability does not meet criteria for a higher rating.
The deciding factor: The evidence did not demonstrate ankylosis, unfavorable ankylosis, or any other condition that would warrant a higher evaluation under the applicable VA Rating Schedule.
- Claimed conditions
- spondylolisthesis of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 27, 2008
- Citation
- 0821198
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 0821198.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for spondylolisthesis of the thoracolumbar spine, retropatellar pain syndrome of the left knee, and lower left extremity radiculopathy due to inadequate examination reports. The issues are now returned to the Board for further review.
- Remanded (sent back)
The Board has remanded the cases due to inadequate VA examinations and issues of inextricably intertwined claims.
- Remanded (sent back)
The Veteran's spine and knee disabilities have not been evaluated since December 2015. The Board has ordered remand to obtain updated VA examinations for the spine and left knee, as well as any additional private care records.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.