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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 21009326.
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: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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