The Veteran's thoracolumbar spine disability is currently rated at 20 percent, but the Board has determined that a higher rating of 40 percent should be granted due to limitations in forward flexion.
The deciding factor: Forward flexion of the thoracolumbar spine was limited to 30 degrees or less throughout the entire period on appeal, meeting the criteria for a 40 percent rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Intervertebral disc syndrome (IVDS) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 16, 2020
- Citation
- 20047848
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 20047848.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for intervertebral disc syndrome (IVDS) of the thoracolumbar spine, and for right and left knee degenerative arthritis post knee replacements.
- Partly granted
The Board granted a 70 percent rating for PTSD, but denied higher ratings and increased initial ratings for other conditions.
- Remanded (sent back)
The Board remands the Veteran's claim for an increased disability rating for intervertebral disc syndrome of the thoracolumbar spine to correct a pre-decisional duty to assist error.
- Granted
The Veteran's back disability is rated at 40 percent since February 26, 2018. He also received separate ratings for his left and right femoral nerve radiculopathy.
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