The evidence shows that the Veteran's DDD of the thoracolumbar spine more nearly approximates forward flexion of 30 degrees or less, and symptoms did not more nearly approximate ankylosis of the entire thoracolumbar spine. The Board finds a rating of 40 percent is warranted for this condition.
The deciding factor: The Veteran's DDD of the thoracolumbar spine resulted in forward flexion of the thoracolumbar spine to 30 degrees or less, which meets the criteria for a 40 percent disability evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 8, 2016
- Citation
- 1645997
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 1645997.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied entitlement to increased ratings for the Veteran's low back disability, left ankle disability, and lower extremity radiculopathy, as well as a TDIU.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine, as there was no evidence of unfavorable ankylosis.
- Denied
The Board denied an increased rating in excess of 10 percent for degenerative disc disease of the thoracolumbar spine prior to December 21, 2023, and in excess of 40 percent from December 21, 2023.
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