The Veteran's claims for increased ratings and an earlier effective date for his service-connected thoracolumbar and cervical spine disabilities were denied. The RO found that the evidence did not support a rating in excess of 20 percent for either condition, nor did it show any incapacitating episodes warranting a higher evaluation under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes (Formula for Rating IVDS).
The deciding factor: The Veteran's service-connected thoracolumbar and cervical spine disabilities are rated as 20 percent disabling each, based on their orthopedic manifestations. The evidence did not show any incapacitating episodes of intervertebral disc syndrome or associated neurologic abnormalities.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine, Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 29, 2009
- Citation
- 0916003
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 0916003.
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.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
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