The Veteran's thoracolumbar spine disability has been rated at 40 percent since June 13, 2011. The Board found that the Veteran's forward flexion was between 40 to 50 degrees with pain and limited motion resulting in additional functional loss analogous to favorable ankylosis.
The deciding factor: The VA examination findings showed significant limitation of motion with pain and stiffness, but no evidence of unfavorable ankylosis.
- Claimed conditions
- Degenerative disk disease, Degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 1, 2016
- Citation
- 1645288
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 1645288.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Granted
The Board has granted a 40 percent rating for the Veteran's low back disability, effective from the date of the August 2013 VA examination. The decision also notes that all reasonable doubt is resolved in favor of the Veteran.
- Denied
The Veteran's service-connected low back disability and bilateral lower extremity sciatic nerve radiculopathy are currently rated at 10 percent prior to March 5, 2021, and 20 percent thereafter. The appeal is denied as the criteria for higher ratings have not been met.
- Remanded (sent back)
The Board remands the claim for a neck disorder to obtain an adequate VA medical opinion addressing the nature and etiology of the Veteran's current neck condition, including whether it is related to her military service.
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