The Veteran's degenerative disc disease of the thoracolumbar spine is not more than 20 percent disabling, as his range of motion does not meet the criteria for a higher rating under VA's General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The Veteran's flexion was limited to at worst 50 degrees with pain beginning at 40 degrees; extension was limited to 15 degrees with pain beginning at 10 degrees; lateral flexion was limited to 20 degrees bilaterally with pain beginning at 15 degrees; and lateral rotation was limited to 30 degrees bilaterally with pain beginning at 25 degrees. The combined range of motion did not meet the criteria for a higher rating.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 8, 2014
- Citation
- 1444901
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 1444901.
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 back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
- Granted
The Veteran is granted entitlement to Chapter 33 educational assistance benefits at the 100 percent rate due to his service-connected back disability and discharge from active duty.
- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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