The Board denied a higher disability rating for the Veteran's thoracic spine disability, finding that the evidence did not support a rating exceeding 20 percent.
The deciding factor: The VA examiners' assessments consistently showed forward flexion of the thoracolumbar spine greater than 30 degrees and no episodes of incapacitation requiring bed rest due to IVDS. The Board found the earlier examinations inadequately addressed functional loss due to pain, weakness, and fatigue.
- Claimed conditions
- Degenerative Joint Disease of the Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- June 11, 2019
- Citation
- 19145374
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19145374.
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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