The Veteran's initial claim for a higher rating for his degenerative disc disease of the thoracic and lumbar spine was denied. The Board found that the current disability picture did not warrant an evaluation in excess of 40 percent, as it only manifested moderate limitation of motion with mild, incomplete paralysis of the right sciatic nerve.
The deciding factor: The Veteran's degenerative disc disease of the thoracic and lumbar spine was evaluated under the old criteria for intervertebral disc syndrome (IVDS) prior to February 4, 2008. After this date, it was re-evaluated using the new criteria which resulted in a 40 percent rating.
- Claimed conditions
- Degenerative disc disease of the thoracic and lumbar spine, Residuals of a concussion, Left shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 23, 2011
- Citation
- 1135850
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 1135850.
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.
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The Veteran's TDIU claim for bilateral knee disabilities and his right and left knee scars have been granted. He is now rated at a combined 60% disability rating from June 1, 2018 based on bilateral factors for his bilateral knee disabilities.
- Dismissed
The Veteran's claims for service connection have been dismissed due to their death.
- Granted
The Board has granted service connection for Generalized Anxiety Disorder (GAD) with agoraphobia with panic attacks as directly related to military service.
- Remanded (sent back)
The Board has remanded the claims for service connection for various disabilities, including low back, left hip, right hip, left shoulder, and right shoulder disabilities. The VA examinations did not provide adequate opinions regarding the etiology of these conditions.
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