The Veteran's thoracic and lumbar spine disability was manifested by slight limitation of motion, no muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral in standing position. The Veteran's cervical spine disability was not shown to involve IVDS. As such, the initial rating assigned for degenerative arthritis of the thoracolumbar spine prior to January 24, 2006, is granted at 10 percent.
The deciding factor: The Veteran's thoracic and lumbar spine disability did not meet or approximate criteria for a higher rating as it was manifested by slight limitation of motion with no muscle spasm on extreme forward bending, loss of lateral spine motion, unilateral in standing position. The cervical spine disability did not involve IVDS.
- Claimed conditions
- degenerative arthritis of the thoracolumbar spine, degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- July 8, 2009
- Citation
- 0925431
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 0925431.
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.
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The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Granted
The Veteran's back disability (degenerative arthritis of the thoracolumbar spine) is granted as service connected.,The Veteran's bilateral lower extremity radiculopathies (RLE and LLE sciatic radiculopathy) are granted as secondary to her back disability.,The Veteran's chronic sinusitis is remanded due to a lack of verification of the TERA exposure.
- Granted
The Veteran's service-connected disabilities, in combination, render him unable to secure or follow a substantially gainful occupation consistent with his education and work history.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a right shoulder condition, cervical spine degenerative arthritis, and TBI residuals due to potential errors in obtaining necessary medical opinions.
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