The veteran's DJD of the thoracic spine was initially granted with a 10 percent rating effective July 21, 2003. The RO found that from September 26, 2003 to June 16, 2004, the disability did not meet criteria for higher ratings under old or new schedular criteria. After June 16, 2004, the veteran's DJD was manifested by flexion of 0 to 45 degrees and other limitations, warranting a 10 percent rating.
The deciding factor: The RO determined that the veteran's DJD did not meet criteria for higher ratings under either old or new schedular criteria due to lack of limitation of motion meeting specific diagnostic codes.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 7, 2008
- Citation
- 0838468
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 0838468.
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.
- Partly granted
The Board granted initial ratings for DJD of the thoracic spine, right and left lower extremity sciatic radiculopathy, and left knee limitation of extension, while denying higher ratings. The Veteran was also awarded SMC based on regular need for aid and attendance.
- Denied
The Veteran's thoracic spine disorder, diagnosed as DJD of the lumbar spine with lumbar strain, is rated at 40 percent and not entitled to a higher rating. The appeal for an earlier effective date for Dependents' Educational Assistance benefits was also denied.
- Remanded (sent back)
The Board has remanded the cases for further development, specifically requesting an addendum medical opinion to account for the Veteran's statements regarding less pain and immobility with more movement.
- Dismissed
The Veteran's appeal has been dismissed as he requested withdrawal of his appeal due to the issuance of a new rating decision awarding him a 40% disability rating for thoracic spine DJD effective January 10, 2022.
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