The Veteran's thoracolumbar spine strain is manifested by forward flexion to 95 degrees, extension to 20 degrees, left lateral flexion to 40 degrees, right lateral flexion to 25 degrees, left lateral rotation to 40 degrees, and right lateral rotation to 35 degrees. The Veteran has a normal gait with no evidence of guarding or muscle spasm or current neurologic impairment. The criteria for an initial rating in excess of 10 percent for the thoracolumbar spine strain have not been met.
The deciding factor: The VA examination findings did not meet the criteria for higher ratings under the applicable diagnostic code, as there was no evidence of forward flexion limited to 60 degrees or less, combined range of motion not greater than 120 degrees, muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.
- Claimed conditions
- Thoracolumbar spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 29, 2009
- Citation
- 0924325
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 0924325.
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 Veteran's initial rating for thoracolumbar spine strain is denied, with a current rating of 20 percent. The claim for higher staged ratings for cervical spine spondylosis remains pending.
- Denied
The Veteran's claim for an earlier effective date for a 20 percent rating for her back disability is denied as there is no evidence of increased severity prior to the May 9, 2024 effective date.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received to support the Veteran's claims for service connection, but the claims are being remanded due to deficiencies in the medical opinions provided.
- Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
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.