The Veteran's claim for an initial rating in excess of 20 percent disabling prior to December 30, 2010, and in excess of 20 percent disabling as of February 1, 2011, for IVDS of the thoracolumbar spine was denied by the Board. The evidence showed that the Veteran's disability did not meet or approximate the criteria for a higher rating.
The deciding factor: The VA examiner found no ankylosis and determined there was no history of incapacitation within the preceding 12 months, which precluded a higher rating based on limitation of motion.
- Claimed conditions
- IVDS of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 22, 2020
- Citation
- 20028088
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. Read the original VA decision (opens in a new tab) using citation 20028088.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted readjudication of the claims for service connection based on new and relevant evidence, but remanded several issues for further development.
- Whole decision: Granted
The Veteran's IVDS of the thoracolumbar spine is now rated at 40 percent, effective June 30, 2020. The right ankle disability has been restored to a 10 percent rating from June 22, 2016.
- Whole decision: Denied
The Veteran's appeals for higher ratings for IVDS of the cervical and thoracolumbar spine were denied as his disabilities did not meet or approximate the criteria for a higher rating under the applicable VA rating schedule.
- Whole decision: Granted
The Veteran's increased rating claim for IVDS of the thoracolumbar spine is granted, with a restored disability rating of 10 percent effective August 10, 2009.
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