The Veteran's thoracic spine disability is currently evaluated as 40 percent disabling, but the Board finds that his condition does not warrant a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.
The deciding factor: The Veteran’s thoracic spine disability does not meet criteria for a higher evaluation based on functional loss or additional limitation of motion. The evidence shows limited range of motion but no unfavorable anklyosis, and no incapacitating episodes as required by the Formula for Rating Intervertebral Disc Syndrome.
- Claimed conditions
- compression fracture thoracic spine T-9 and T-10, degenerative disc disease (lumbar radiculopathy), degenerative joint disease (arthritis)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 29, 2011
- Citation
- 1128320
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 1128320.
What this means for you
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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 claim for service connection for cervical spine disability, finding no current disability and no nexus to service.
- Denied
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- Granted
The Board has granted service connection for degenerative joint disease (arthritis) and degenerative disc disease of the lumbar spine, finding that the Veteran's current back disability is at least as likely as not related to his in-service injuries.
- Denied
The Board found that the Veteran does not have a current right or left shoulder disability and denied service connection for a cervical spine disorder due to lack of evidence showing chronic symptoms in service, continuity of symptomatology after service, or etiology.
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