The Veteran's service-connected degenerative disc disease of the thoracolumbar spine is not shown to meet or approximate criteria for a higher initial evaluation. The issues regarding his left and right great toe conditions, as well as his migraine headaches, are also denied.
The deciding factor: The Veteran's degenerative disc disease of the thoracolumbar spine does not result in forward flexion of the thoracolumbar spine of 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine. The other issues were either not shown to meet criteria for higher evaluations, or are not service-connected.
- Claimed conditions
- Degenerative Disc Disease of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 14, 2009
- Citation
- 0938884
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 0938884.
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.
- Dismissed
The Veteran's appeals for service connection were dismissed as the claims have been fully granted with effective dates assigned.
- Denied
The Board denied the veteran's claims for increased ratings for PTSD, left lower extremity radiculopathy, and degenerative disc disease of the thoracolumbar spine.
- Granted
The Veteran's TBI, GERD, headaches, ED, right knee arthritis, left hip strain, and right hip strain are all granted service connection.,Service connection for degenerative disc disease of the thoracolumbar spine is also granted as secondary to right knee arthritis.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to procedural issues and the need for additional medical examinations. The claims are being returned to the agency of original jurisdiction (AOJ) for further development.
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.