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
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.
- 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.
- Remanded (sent back)
The Board remands the issue of entitlement to service connection for a back disability due to a duty to assist error, specifically regarding VA's failure to provide the Veteran with a VA examination prior to the rating decision.
- Granted
The Board granted a 50 percent rating for the Veteran's migraine headaches based on prostrating attacks occurring more than once a month and severe economic inadaptability.
- Denied
The Board denied the Veteran's appeal for special monthly compensation based on loss of use of his left foot, as there was no evidence showing that the service-connected conditions resulted in functional limitation equal to that of amputation of the left foot with prosthesis.
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