The Veteran's appeal for increased ratings for his thoracolumbar disability prior to June 17, 2019 and from June 17, 2019 is denied. The Board found that the evidence did not meet the criteria for a rating in excess of 10 percent prior to June 17, 2019 or in excess of 20 percent since then.
The deciding factor: The Veteran's thoracolumbar disability was characterized by painful limitation of motion and intervertebral disc syndrome with at least 6 weeks of incapacitating episodes during the past 12 months prior to June 17, 2019. From that date onwards, it was characterized by pain and limitation of motion; forward flexion of the thoracolumbar spine less than 30 degrees, favorable ankylosis of the entire thoracolumbar spine, or intervertebral disc syndrome with at least 6 weeks of incapacitating episodes during the past 12 months. The evidence did not show any other conditions that would warrant a higher rating.
- Claimed conditions
- Thoracolumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 18, 2020
- Citation
- 20074102
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted increased ratings for the Veteran's right and left shoulder rotator cuff disabilities, effective from March 25, 2008 and February 28, 2008 respectively. The thoracolumbar spine disability was also rated at 40 percent, but a temporary total disability rating for convalescence following a January 13, 2016 left shoulder surgery was denied.
- Remanded (sent back)
The Board remands all issues on appeal for further development, including obtaining additional medical opinions and ensuring compliance with prior remand directives.
- Remanded (sent back)
The Board remands the appeal to schedule new VA examinations to determine whether the Veteran's claimed disabilities are secondary to his ventral hernia repair with pain with residuals.
- Remanded (sent back)
The Board remands the issues for additional development, including obtaining addendum opinions to determine the nature and etiology of the Veteran's disabilities.
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.