The Veteran's claim for an increased rating for his service-connected vertebral fracture with degenerative disc disease (DDD), status post laminectomy and fusion of the thoracolumbar spine, is denied. The Board found that the evidence did not support a higher disability rating beyond 40 percent due to functional loss from pain, weakness, fatigue or incoordination.
The deciding factor: The Veteran's disability evaluation was appropriately raised to 40 percent disabling based on his current range of motion and findings during examination, but the Board found that he does not meet the criteria for a higher rating as there is no ankylosis of the thoracolumbar spine or entire spine.
- Claimed conditions
- vertebral fracture with degenerative disc disease (DDD), status post laminectomy and fusion of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 6, 2018
- Citation
- 18155862
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 18155862.
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.
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The Veteran's lumbar spine disability is rated at 40 percent from August 27, 2008. He also received a grant of service connection for radiculopathy in both lower extremities effective August 27, 2008.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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