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
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.
- Partly granted
The Board denied the Veteran's claims for increased ratings and service connection, except for separate awards of service connection for left knee instability and right knee instability.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Dismissed
The appeal was dismissed due to the Veteran's death during the pendency of the appeal.
- Partly granted
The Board granted service connection for rhinitis, right hip strain, and left ankle strain but dismissed the claim for sinusitis as moot. The increased rating claim for degenerative disc disease of the thoracolumbar spine was denied.
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