The Veteran's claim for a rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine was denied. The Veteran also had a compensable rating for bilateral hearing loss, but no effective date is provided.
The deciding factor: The VA examiner found that the Veteran's DDD did not meet criteria for an increased rating as it only allowed forward flexion to 40 degrees without any findings of unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 30, 2010
- Citation
- 1016011
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 1016011.
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 Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied entitlement to increased ratings for the Veteran's low back disability, left ankle disability, and lower extremity radiculopathy, as well as a TDIU.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine, as there was no evidence of unfavorable ankylosis.
- Denied
The Board denied an increased rating in excess of 10 percent for degenerative disc disease of the thoracolumbar spine prior to December 21, 2023, and in excess of 40 percent from December 21, 2023.
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