The Veteran's claim for a higher rating for degenerative disc disease and degenerative joint disease of the thoracic spine was denied. Separate initial ratings were granted for radiculopathy of the right lower extremity prior to April 27, 2016, and for radiculopathy of the left lower extremity prior to April 11, 2014.

The deciding factor: The Veteran's thoracolumbar spine disability was rated as 40 percent disabling under DC 5010-5237. The Board found that the preponderance of the evidence did not support a higher rating based on limitation of motion or ankylosis, and denied the claim for a higher rating.

Claimed conditions

{"condition_name":"Degenerative disc disease; degenerative joint disease, thoracic spine"}

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

January 28, 2020

Citation

20006958