The Veteran's claim for a higher rating for his degenerative arthritis of the thoracic and lumbar spine was denied, as the current evaluation adequately reflects the severity of this condition. The Veteran's bilateral hearing loss is currently rated at 20 percent, which is not compensable.
The deciding factor: The Veteran's back disability does not meet the criteria for a higher rating under the applicable diagnostic codes due to his forward flexion limited by pain but not less than 30 degrees of flexion. His bilateral hearing loss is currently rated at 20 percent, which is noncompensable.
- Claimed conditions
- degenerative arthritis of the thoracic and lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 13, 2009
- Citation
- 0938741
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 0938741.
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.
- Remanded (sent back)
The Board denied a rating in excess of 10 percent for hypertension and remanded the claim for an evaluation in excess of 20 percent for degenerative arthritis of the thoracic and lumbar spine.
- Dismissed
The Board has dismissed the Veteran's appeals for service connection and rating issues due to his withdrawal of those claims. The TDIU claim was also dismissed as there is no evidence that an earlier effective date can be assigned.
- Remanded (sent back)
The Veteran's increased rating claims for her right shoulder tendonitis, degenerative arthritis of the thoracolumbar spine, and bilateral knee disabilities are being remanded due to lack of a VA examination addressing current functional loss. The effective date claims are also being remanded as they have not been considered by the AOJ.
- Remanded (sent back)
The Board has ordered additional development due to the need for clarification of the VA examiner's opinions regarding the Veteran's low back disability and its relationship to service. The case will be returned to the agency of original jurisdiction for further consideration.
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