The Veteran's thoracolumbar spine disability is rated at 40 percent prior to January 8, 2021 and SMC based on permanent need for regular aid and attendance is granted.
The deciding factor: The VA examinations consistently showed the Veteran had forward flexion of the thoracolumbar spine at or below 30 degrees, meeting the criteria for a 40 percent rating under the General Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracic spine, Intravertebral Disc Syndrome (IVDS) of the thoracolumbar spine, Peripheral neuropathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 27, 2021
- Citation
- 21065765
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 21065765.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's current peripheral neuropathy of the bilateral lower extremities was incurred during his period of active service, including exposure to herbicides in the Republic of Vietnam. The Board granted service connection for this condition.
- Denied
The appeal regarding the July 2, 2020 rating decision for PTSD was denied. The claims of service connection for peripheral neuropathy of the bilateral upper and lower extremities were also denied.
- Remanded (sent back)
The Board remands the claims for service connection due to insufficient evidence and the need for additional medical opinions.
- Remanded (sent back)
The Board remands the claims for service connection for peripheral neuropathy of both upper and lower extremities due to a need for further clarity on the nature and etiology of the Veteran's conditions.
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