The Veteran's service-connected thoracolumbar spine disability is currently rated at 40 percent, which is the maximum schedular rating available. The cervical spine disability is also rated at 30 percent, which is also the maximum schedular rating available.
The deciding factor: Both conditions are rated under the General Rating Formula for Diseases and Injuries of the Spine due to their manifestations of chronic pain with limited range of motion, but do not meet criteria for higher ratings as they do not result in ankylosis or incapacitating episodes meeting specific duration requirements.
- Claimed conditions
- post-traumatic degenerative arthritis of the thoracolumbar spine, post-traumatic degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 15, 2010
- Citation
- 1022139
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 1022139.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for an increased rating for his cervical spine disability, service connection for a right knee disorder, and TDIU. The veteran's cervical spine disability is currently rated at 40 percent disabling under Diagnostic Code 5243 effective September 26, 2003. His right knee disorder was not shown to be related to active duty service.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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