The Board found that the veteran was not entitled to an evaluation in excess of 10 percent for his back disorder, as there was no evidence of incapacitating episodes and the pain produced no more than slight limitation of motion.
The deciding factor: The range of motion of the Veteran's thoracolumbar spine did not meet the criteria under the revised rating formula for a rating higher than 10 percent, even considering pain on motion and diminished endurance.
- Claimed conditions
- degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 17, 2009
- Citation
- 0905798
Veterans Law Judge
Decisions by this judge: 2,084 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0905798.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board has dismissed the appeals for various rating and service connection claims due to the Veteran's death.
- Granted
The Veteran's bilateral tinnitus is granted as service-connected.,Service connection for alcohol use disorder is denied.,A disability rating of 100% (total) is granted for PTSD, effective from the date of this decision.,A disability rating of 100% (total) is granted for degenerative disc disease of the thoracolumbar spine, effective from the date of this decision.
- Dismissed
The appeal concerning the revisions of evaluations for various conditions and special monthly compensation has been dismissed due to the Veteran's death.
- Granted
The Veteran's service connection claim for degenerative disc disease of the thoracolumbar spine with degenerative arthritis, spinal stenosis, spondylolisthesis, and right lower extremity radiculopathy is granted as it meets the criteria for direct service connection due to an in-service injury during combat operations.
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