The Veteran's lumbar degenerative disc and joint disease, status post-fracture at L1, L2, and T12, was initially rated as 30 percent from August 10, 2000 to December 29, 2004.,From December 29, 2004, to May 14, 2009, the Veteran's residuals of thoracolumbar vertebrae fractures were rated as 40 percent.,Since May 15, 2009, the Veteran's residuals of thoracolumbar vertebrae fractures have been rated as 50 percent.
The deciding factor: The evidence did not show ankylosis or intervertebral disc syndrome. The Veteran had a moderate limitation of lumbar motion.,The Veteran's condition was not severe enough to warrant a higher rating, with the exception of some pain on range of motion testing which did not significantly affect his ability to function.,Since May 15, 2009, the Veteran's residuals have been manifested by a severe limitation of motion and evidence of a demonstrable vertebral deformity.
- Claimed conditions
- lumbar degenerative disc and joint disease, residuals of thoracolumbar vertebrae fractures
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2010
- Citation
- 1040958
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 1040958.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Board denied the veteran's attempts to appeal rating decisions due to untimeliness of the appeals.
- Partly granted
The appeal for service connection of a neck condition was dismissed. The veteran's rating for thoracic strain, lumbar degenerative disc and joint disease, and stenosis was restored to 40 percent. A 10 percent rating for bursitis in the right hip was granted. The claim for sleep apnea was remanded.
- Granted
The Veteran's lumbar degenerative disc and joint disease is rated at 20 percent, the maximum schedular rating for this condition. The ratings for his right lower extremity radiculopathy and left lower extremity radiculopathy are denied.
- Granted
The Board has granted the Veteran's claim for service connection for lumbar degenerative disc and joint disease as secondary to his service-connected left foot pes planus with left foot scattered osteoarthritis, resolving all reasonable doubt in favor of the Veteran.
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