The Veteran's claim for increased ratings for degenerative disc disease of the thoracic spine was denied. The Board found that prior to February 23, 2011, the disability did not meet the criteria for a rating in excess of 20 percent and from February 23, 2011, it did not meet the criteria for a rating in excess of 40 percent.
The deciding factor: The VA examinations showed that the Veteran's forward flexion was limited to less than 60 degrees at times, but never reached the level required for a higher rating. The examiner noted no ankylosis and no incapacitating episodes due to intervertebral disc syndrome.
- Claimed conditions
- Degenerative Disc Disease of the Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 31, 2013
- Citation
- 1334771
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 1334771.
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 sleep apnea is rated at 50 percent, which includes the use of a CPAP machine. The appeal for COPD and thoracic spine disability is dismissed as service connection has already been established. Lumbar strain and radiculopathy are denied due to lack of incapacitating episodes or ankylosis. Blepharitis does not meet the criteria for a compensable evaluation.
- Granted
The Board has reopened the Veteran's claim and granted service connection for a thoracic spine condition, finding that new evidence supports a link between his in-service injury and current symptoms.
- Denied
The veteran's claims for service connection have been denied. The RO found that new and material evidence had not been submitted to reopen his previously denied gastrointestinal disability claim, and the denial of hepatitis was final.
- 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.
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