The Veteran's initial claim for a higher evaluation for his degenerative disc disease of the thoracolumbar spine was denied. The Board found that an evaluation in excess of 20 percent is not warranted prior to August 30, 2007 and denied the issue of entitlement to a higher evaluation from that date forward.
The deciding factor: The Veteran's disability did not meet the criteria for a higher evaluation under any applicable rating code due to lack of ankylosis or limitation of motion in excess of what was already assigned.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 13, 2009
- Citation
- 0926015
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 0926015.
What this means for you
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What you can do next
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- Granted
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- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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