The Veteran's claims for increased ratings for postoperative lumbar herniated disc and osteoarthritis of the thoracic spine were denied as there was no evidence to support higher disability ratings under the applicable rating criteria.
The deciding factor: The VA examinations did not show any incapacitating episodes or unfavorable ankylosis, which are required for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's symptoms were found to be within the range considered by the current 40% and 10% disability ratings.
- Claimed conditions
- Postoperative lumbar herniated disc, Osteoarthritis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 14, 2015
- Citation
- 1543950
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 1543950.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the claims of service connection for a back condition and left knee condition due to inadequate factual basis in previous VA opinions, and failure to consider the Veteran's lay statements regarding continued pain since service.
- Remanded (sent back)
The Board has denied service connection for a thoracic spine disability, but has remanded the issues of service connection for left shoulder, right shoulder, and plantar fasciitis disabilities.
- Granted
The Veteran's claim for a higher rating for his thoracic spine disability was granted, with an effective date of December 28, 2016. The current evaluation is 40 percent.
- Granted
The Board finds that it is at least as likely as not that the Veteran's current osteoarthritis of the thoracic spine developed as a result of his active service, and grants service connection for this disability.
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