The Veteran's claim for an increased rating for his service-connected thoracolumbar spine disability was denied, as the evidence did not show that he met the criteria for a higher rating based on orthopedic manifestations and incapacitating episodes. The cervical spine disability claim was also denied as there is no evidence of its onset during service or connection to service.
The deciding factor: The Veteran's degenerative joint disease of the thoracolumbar spine did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine, as his range of motion was within normal limits. The cervical spine disability claim was denied because there is no evidence to support its onset during service or connection to service.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine, Impairment of the Sciatic Nerve in the Right Lower Extremity, Impairment of the Sciatic Nerve in the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 31, 2011
- Citation
- 1140377
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 1140377.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings for his service-connected degenerative joint disease of the thoracolumbar spine, cervical spine, and TMJ with osteomyelitis are being remanded due to inadequate VA examinations. The cases will be returned for additional development.
- Granted
The Veteran's service-connected disabilities, including PTSD, right knee and left knee conditions, hearing loss, tinnitus, and back issues, rendered him unable to secure or maintain substantially gainful employment from September 25, 2017, to January 14, 2020. The Board granted the Veteran's claim for TDIU based on these disabilities.
- Remanded (sent back)
The Veteran's claim for increased ratings for his thoracolumbar spine disability and TDIU prior to July 13, 2012 is being remanded due to the need for further development.
- Remanded (sent back)
The Veteran's claim for a higher disability rating for his service-connected thoracolumbar spine disability is remanded due to the need for an addendum medical opinion regarding whether his lumbar spine limitations constitute the functional equivalent of ankylosis, including during flare-ups and/or after repeated use over time.
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