The Veteran's intervertebral disc syndrome was found to be productive of moderate symptomatology and no incapacitating episodes. For the period prior to November 12, 2009, a higher evaluation is denied as his forward flexion did not meet the criteria for a 40 percent rating. From November 12, 2009, he does not have either favorable or unfavorable ankylosis of the thoracolumbar spine and thus no higher evaluation is warranted.
The deciding factor: The Veteran's intervertebral disc syndrome did not meet the criteria for a higher evaluation as it was found to be productive of moderate symptomatology with no incapacitating episodes. For the period prior to November 12, 2009, his forward flexion was beyond 60 degrees but not greater than 85 degrees and he had combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. From November 12, 2009, he did not have either favorable or unfavorable ankylosis of the thoracolumbar spine.
- Claimed conditions
- interverteral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 22, 2010
- Citation
- 1035851
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 1035851.
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.
- 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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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.