The Veteran's claim for a higher rating for degenerative disc disease of the thoracolumbar spine was denied. The Board found that the evidence did not meet the criteria for a higher rating prior to May 31, 2013 and subsequent to this date.
The deciding factor: The VA examinations showed that the Veteran's range of motion met the criteria for a 20% rating under Diagnostic Code 5243-5237, but did not meet the criteria for higher ratings due to lack of limitation in flexion or extension and no evidence of ankylosis.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 22, 2021
- Citation
- 21009326
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 21009326.
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.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
- Granted
The Veteran is granted entitlement to Chapter 33 educational assistance benefits at the 100 percent rate due to his service-connected back disability and discharge from active duty.
- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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