The Veteran's lumbar and thoracic spine disorders have been rated at 40 percent since December 21, 2009. The Board found the evidence did not support a higher rating due to lack of unfavorable ankylosis or incapacitating episodes.
The deciding factor: There is no indication of unfavorable ankylosis of the entire thoracolumbar spine required for a higher disability evaluation and no evidence of incapacitating episodes having a total duration of at least six weeks during the past 12 months.
- Claimed conditions
- Degenerative Joint Disease of Lumbar Spine, Degenerative Joint Disease of Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 19, 2016
- Citation
- 1640964
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. Search VA.gov for the original decision (opens in a new tab) using citation 1640964.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's degenerative joint disease of the lumbar spine and left leg radiculopathy have been granted a 40 percent rating. However, his right leg radiculopathy and left leg radiculopathy are remanded for further review.
- Whole decision: Granted
The Veteran's service-connected disabilities, including PTSD and lumbar spine conditions, have rendered him permanently housebound since April 7, 2018. The Board has granted an effective date of April 7, 2018 for SMC based on his housebound status.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded due to the need for clarification regarding whether his symptoms manifest as unfavorable ankylosis of the entire thoracolumbar spine or the entire spine, and when these symptoms manifested.
- Whole decision: Denied
The Veteran's lumbar and cervical spine disabilities are each rated at 20 percent, but the Board found they do not warrant higher ratings based on the criteria provided.
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