The Veteran's thoracic spine disability was rated at 10 percent prior to August 1, 2016 and denied for a higher rating. After August 1, 2016, the Veteran's disability was rated at 40 percent and also denied.
The deciding factor: The VA examination reports did not specify whether range of motion findings were based on passive or active movement, weight-bearing or non-weight-bearing, which is required by Correia v. McDonald (2016).
- Claimed conditions
- Degenerative Joint Disease of the Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 8, 2018
- Citation
- 18101587
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 18101587.
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.
- Dismissed
The Veteran's appeals for increased ratings for various shoulder and back conditions have been dismissed due to the withdrawal of his claims.,His low back disability is rated at 40 percent, with symptoms approximating favorable ankylosis.
- Remanded (sent back)
The Board has corrected the effective date of an initial 40 percent rating for degenerative joint disease of the thoracic spine from March 14, 2007. The issue of a higher initial rating remains on appeal.
- Granted
The Veteran's back disability, specifically degenerative joint disease of the thoracic spine with mid-thoracic kyphosis, has been granted a 40 percent rating since October 28, 2016.
- Denied
The Veteran's service-connected back disability has not manifested to unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, thus preventing a higher rating.
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