The Veteran's thoracic spine disability is granted at a 40 percent rating from January 31, 2009 to October 18, 2019. The appeal for higher ratings on the cervical and knee disabilities remains pending.
The deciding factor: The Veteran’s thoracic spine disability resulted in forward flexion of the lumbar spine to 30 degrees but did not result in unfavorable ankylosis or incapacitating episodes with a duration of at least 6 weeks during a 12-month period, warranting a 40 percent rating.
- Claimed conditions
- Thoracic spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 22, 2021
- Citation
- 21024401
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 21024401.
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.
- Remanded (sent back)
The Board has denied service connection for memory loss disability, cervical spine disability, and thoracic spine disability. The case is remanded to obtain medical opinions regarding the relationship between these disabilities and service or any related conditions.
- Partly granted
The Board granted service connection for a thoracic spine disability but denied it for a lumbar spine disability, claimed as displacement of the lumbar disc with degenerative disc disease and intervertebral disc syndrome.
- Partly granted
The Board denied service connection for bilateral hearing loss, dismissed the claim for a thoracic spine disability, and granted service connection for right knee strain, left knee strain and meniscal tear, left hip strain as secondary to a service-connected thoracolumbar lumbar spine disorder, and a generalized anxiety disorder and other specified depressive disorder.
- Remanded (sent back)
The Board remands the claims for service connection for lumbar and thoracic spine disabilities due to a lack of adequate medical evidence linking these conditions to service or a service-connected disability.
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