The Veteran's low back disability, including thoracic levoscoliosis and degenerative joint disease, was not found to warrant a higher initial or subsequent rating.
The deciding factor: The Veteran's range of motion did not meet the criteria for any increased rating under the revised VA General Rating Formula for Diseases and Injuries of the Spine effective September 26, 2003. The disability did not result in severe limitation of motion, unfavorable ankylosis, or IVDS.
- Claimed conditions
- Low Back Syndrome, Thoracic Levoscoliosis, Degenerative Joint Disease, Right T9, T10 Disc Protrusion (Herniated Nucleus Pulposus), Bilateral Lumbosacral Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 11, 2013
- Citation
- 1340914
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 1340914.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Granted
The Veteran's claim for an effective date of November 22, 2022 for the award of Total Disability Rating Based on Individual Unemployability (TDIU) is granted. The effective date is based on continuous pursuit of his increased disability rating claims and the fact that he meets the criteria for TDIU due to service-connected disabilities.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
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