The Veteran's thoracolumbar spine disability is rated at 40 percent effective May 6, 2009. The appeal for a higher evaluation remains pending.
The deciding factor: The evidence does not show that the Veteran has unfavorable ankylosis of his entire thoracolumbar spine or entire spine as of May 6, 2009.
- Claimed conditions
- T12 compression fracture, small bulging disc at L5-S1, posterior facet degenerative arthritis of the lumbar spine, bilateral lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 10, 2012
- Citation
- 1223744
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 1223744.
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.
- Denied
The Board denied the Veteran's claim for service connection for lumbosacral strain, finding that there was no evidence of a chronic disability related to service and that the Veteran's current condition is not causally connected to his military service.
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining treatment records and adequate nexus opinions. The Veteran's claims for service connection for lumbar spine and cervical spine disabilities are now before the Board.
- Denied
The Veteran's appeal for a higher rating and service connection was denied. The Veteran's lumbar spine disability is not characterized by ankylosis, and there is no evidence of bilateral radiculopathy.
- Partly granted
The Board denied an effective date prior to November 4, 2009, for the grant of service connection for a back disability and granted service connection for right lower extremity radiculopathy. The claims for initial ratings, secondary service connection, and TDIU were remanded.
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