The Veteran's thoracic spine disability has been rated at 40 percent since December 6, 2011. The Board finds that a uniform 40 percent rating is warranted from May 3, 2008.
The deciding factor: VA examinations and treatment records show the Veteran's thoracic spine disability has resulted in significant limitation of motion with no ankylosis, warranting a 40 percent rating under Diagnostic Code 5235-5242.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracic spine, Compression fracture of L1-T12
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 19, 2012
- Citation
- 1243413
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 1243413.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's current back disability, characterized as DDD of the thoracic spine, is granted as service connected. The Board found that his current condition likely began during his military service and has continued since.
- Remanded (sent back)
The Veteran's service-connected disabilities prevented him from obtaining and maintaining substantially gainful employment prior to June 1, 2010. The Board finds that a TDIU is warranted for this period.
- Denied
The Veteran's service-connected degenerative disc disease of the thoracic spine has not resulted in ankylosis or forward flexion limited to 30 degrees, and there is no evidence of incapacitating episodes meeting the criteria for a higher rating. As such, a rating in excess of 20 percent is denied.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.