The Board found the Veteran's service-connected thoracolumbar spine disability does not meet or approximate the criteria for a higher rating than 40 percent, as there was no evidence of unfavorable ankylosis. The hearing loss disability also did not warrant a compensable evaluation.
The deciding factor: The Veteran’s thoracolumbar spine disability did not show unfavorable ankylosis and therefore could not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Board also found no evidence of incapacitating episodes related to intervertebral disc syndrome.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 13, 2010
- Citation
- 1030328
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 1030328.
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.
- Partly granted
The Board granted an earlier effective date of September 1, 2016, for the 40 percent rating assigned for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.
- Granted
The Board granted an effective date of June 1, 1996, for the grant of service connection for degenerative disc disease of the thoracolumbar spine because the Veteran did not receive notice of the initial denial in 1996 and his claim remained pending.
- Granted
The Board granted service connection for heart attack (myocardial infarction) status post triple coronary bypass, degenerative disc disease of the thoracolumbar spine, and an initial 10 percent rating for hypertension.
- Denied
The Board denied a compensable rating for hearing loss and left eyebrow laceration, remanded an effective date prior to April 23, 2018, for the award of service connection for left femoral nerve radiculopathy, and considered other issues including service connection for a neck disability (secondary) and ratings for various conditions.
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