The Board denied a rating higher than 40 percent for chronic thoracolumbar strain, to include DDD and DJD. The Veteran was also denied a separate 10 percent rating for left lower extremity neurological impairment associated with the service-connected low back disorder.
The deciding factor: The evidence did not show ankylosis (fixation) of the lumbar spine at any time pertinent to this appeal, and the current 40 percent rating is the maximum contemplated under the pre-amended and amended spinal regulations for the entire on appeal period.
- Claimed conditions
- Chronic thoracolumbar strain, Degenerative disc disease (DDD), Degenerative joint disease (DJD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 24, 2012
- Citation
- 1232937
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 1232937.
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.
- Granted
The Veteran's service-connected lumbar spine disability and other disabilities have been granted, including a TDIU based on his inability to secure or follow substantially gainful employment due to these conditions.
- Granted
The Veteran's lumbar disorder, diagnosed as DDD and a lumbosacral strain, has been granted service connection. The Board found that the disability is related to his military service.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate VA medical opinions and a need for additional secondary service connection analysis.
- Granted
The Veteran's claim for an increased rating for thoracolumbar spine degenerative arthritis and DDD was granted effective August 29, 2022. Service connection was established for vitreous syneresis / vitreous floaters of both eyes. The claims for service connection for refractive error of both eyes (myopia and astigmatism), bilateral hearing loss disability, residuals of a traumatic brain injury (TBI), obstructive sleep apnea, and an acquired psychiatric disorder (PTSD) were all denied.
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