The Veteran's degenerative joint disease of the thoracolumbar spine is rated at 40 percent, which is the highest schedular rating for limitation of motion. The condition does not meet criteria for ankylosis or incapacitating episodes.
The deciding factor: The VA examiner found that the Veteran’s spinal degenerative joint disease more nearly approximates the criteria for a 40 percent rating due to pain and limited functional ability with flare-ups, which is the highest schedular rating for limitation of motion.
- Claimed conditions
- Degenerative Joint Disease of the Thoracolumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 29, 2019
- Citation
- 19181841
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.
- Denied
The Veteran's claim for an evaluation in excess of 10 percent for degenerative joint disease of the thoracolumbar spine (low back disorder) prior to May 27, 2016 was denied. The evidence did not show limitation of forward flexion to 60 degrees or less, a combined range of motion of the thoracolumbar spine to 120 degrees or less, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour, or incapacitating episodes having a total duration of at least 2 weeks during a twelve-month period.,The Veteran's claim for an evaluation in excess of 20 percent for low back disorder (including intervertebral disc syndrome) after May 27, 2016 was denied. The evidence did not show limitation of forward flexion to 30 degrees or less; favorable ankylosis of the entire thoracolumbar spine; or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months, or an associated neurological disability for which a separate rating has not been previously awarded.,The Veteran's claim for an evaluation in excess of 20 percent for gout was denied. The evidence did not show incapacitating exacerbations occurring three or more times a year or manifesting symptom combinations productive of definite impairment of health objectively supported by examination findings.
- Remanded (sent back)
The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of entitlement to service connection for degenerative joint disease of the thoracolumbar spine. The claims for bilateral hearing loss, GERD, left knee condition, and right knee condition are remanded for further development.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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