The Veteran's service-connected degenerative disc disease of the thoracic spine is rated at 40 percent since December 14, 2009. The appeal for TDIU from December 14, 2009 to January 25, 2016 was denied.
The deciding factor: The Veteran's thoracic spine disability resulted in forward flexion of the thoracolumbar spine at worst measuring 25 degrees and no spinal ankylosis. The Board granted a 40 percent rating for the entire appeal period based on these findings.
- Claimed conditions
- Degenerative disc disease of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 27, 2020
- Citation
- 20029278
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 20029278.
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.
- Remanded (sent back)
The Board remands the case to obtain a medical opinion regarding the severity of the Veteran's back disabilities, specifically addressing functional loss during flare-ups and with repeated use over time.
- Remanded (sent back)
The Board remands the claims for an initial rating in excess of 10 percent for degenerative disc disease of the thoracic spine, a rating in excess of 70 percent for PTSD and panic disorder with alcohol use disorder (in remission), and entitlement to a total disability rating based on individual unemployability.
- Remanded (sent back)
The Board has remanded the case due to a failure to consider if the Veteran's symptoms amount to functional ankylosis, which can establish entitlement to a higher disability rating for his service-connected thoracic spine.
- Remanded (sent back)
The Board has remanded the case for further development and examination, including to consider the ameliorative effects of medications on the Veteran's service-connected disabilities and to determine whether an effective date earlier than June 5, 2013 is warranted for the grant of service connection for radiculopathy of the right lower extremity.
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.