The Board granted an initial rating of 40 percent for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.
The deciding factor: The Veteran experienced weekly moderate to severe flare-ups that significantly limited her functional ability, warranting a 40 percent rating. An evaluation higher than 40 percent was not supported by the evidence as there was no ankylosis or incapacitating episodes of at least 6 weeks during the past 12 months.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 7, 2021
- Citation
- 21062389
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an earlier effective date of September 1, 2016, for the 40 percent rating assigned for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.
- Granted
The Board granted an effective date of June 1, 1996, for the grant of service connection for degenerative disc disease of the thoracolumbar spine because the Veteran did not receive notice of the initial denial in 1996 and his claim remained pending.
- Remanded (sent back)
The Board remands the issues of entitlement to higher ratings for degenerative disc disease and bilateral lower extremity radiculopathy due to insufficient medical evidence.
- Partly granted
The Board granted a 20 percent disability rating for the back disability prior to April 13, 2017, and a 40 percent rating from August 2, 2019, to December 30, 2019, but denied higher ratings in other periods. The Board also remanded several service connection claims.
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