The Veteran's thoracolumbar disability with postoperative scarring was evaluated at 20 percent, and the Board found that it did not meet the criteria for a higher rating due to lack of forward flexion or ankylosis.
The deciding factor: The Veteran’s thoracolumbar disability did not manifest with 30 degrees or less forward flexion of the thoracolumbar spine; favorable ankylosis of the entire thoracolumbar spine; unfavorable ankylosis of the entire thoracolumbar spine; or unfavorable ankylosis of the entire spine.
- Claimed conditions
- degenerative changes of the thoracolumbar spine, postoperative with scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 12, 2019
- Citation
- 19170752
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 19170752.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for service connection for degenerative changes of the thoracolumbar spine and lumbar spondylosis with multilevel mild and mild-to-moderate neural foraminal stenosis, finding that his back disorder is etiologically related to his active service.
- Dismissed
The appeal for a disability rating in excess of 20 percent for degenerative changes of the thoracolumbar spine is dismissed.,Two issues on appeal are remanded: entitlement to an initial disability rating in excess of 30 percent prior to April 23, 2013, and in excess of 50 percent therefrom for obstructive sleep apnea; and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) prior to October 1, 2020.,The issue of an earlier effective date for the award of service connection for obstructive sleep apnea is denied.
- Remanded (sent back)
The Board has remanded several claims for additional development, including obtaining private treatment records and issuing a supplemental statement of the case (SSOC). The issues include ratings for various disabilities related to TBI, cervical spine, thoracolumbar spine, right shoulder, right knee, left carpal tunnel syndrome, right carpal tunnel syndrome, left thumb sprain, right thumb disability, left hip disability, right hip disability, eye disability, ulnar nerve paresthesias, ankle and wrist disabilities, nausea, constipation, and other conditions.
- Remanded (sent back)
The Veteran's back disability is being remanded for further development, including obtaining VA treatment records and a VA examination to assess the severity of his service-connected condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.