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.
The deciding factor: The Veteran's low back disability does not meet the criteria for a higher rating under any applicable diagnostic code due to lack of ankylosis or limitation of motion sufficient to warrant a higher evaluation.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 10, 2016
- Citation
- 1609751
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 1609751.
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 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.
- Granted
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.
- 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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