The Veteran's claim for a separate disability evaluation for thoracic and lumbar spine disabilities has been denied as VA regulations no longer provide for such evaluations. The TDIU claim is pending, but the cervical spine service connection claim must be remanded due to its inextricability with the low back claim.
The deciding factor: VA revised the diagnostic criteria for the spine to reflect current medical science and indicated that a thoracolumbar spine disability most accurately reflected disabilities of the thoracic and/or lumbar spine, eliminating any legal basis to assign a separate disability evaluation for any such condition.
- Claimed conditions
- Thoracic spine, Lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 20, 2011
- Citation
- 1138985
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 1138985.
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.
- Dismissed
The Board dismissed the appeals regarding proposed reductions in ratings for right upper extremity radiculopathy and lumbar spine conditions due to procedural issues.
- Partly granted
The Board granted revision of the December 2018 rating decision that reduced the disability rating for lumbar spine from 20 percent to 10 percent, effective December 4, 2018, based on clear and unmistakable error (CUE). The March 2015 rating decision that assigned a 10 percent rating for left shoulder disability was denied as it did not meet the criteria for CUE.
- Remanded (sent back)
The Board remands the issue of an increased disability evaluation for lumbar spine due to procedural issues and the need for a new VA examination.
- Remanded (sent back)
The Board has remanded the case due to unclear information about the Veteran's employment history prior to February 5, 2020. The AOJ is instructed to make reasonable efforts to obtain private medical records and clarify conflicting statements regarding her employment.
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