A rating of 40 percent for DDD of the thoracolumbar spine prior to September 14, 2021 is granted.,An increased rating in excess of 40 percent for DDD of the thoracolumbar spine from September 14, 2021 is denied.,The matter of TDIU prior to July 16, 2012 is remanded.
The deciding factor: Prior to September 14, 2021, the Veteran's DDD of the thoracolumbar spine was rated at 20 percent under the General Rating Formula for Diseases and Injuries of the Spine. The evidence showed that forward flexion ranged from 50 degrees to 40 degrees on range of motion testing, but with reports of flare-ups resulting in reduced range of motion.,From September 14, 2021, the Veteran's DDD of the thoracolumbar spine was rated at 40 percent under the General Rating Formula for Diseases and Injuries of the Spine. The examiner considered the degree of impairment shown during flare-ups and found no evidence of unfavorable ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).,The matter of TDIU prior to July 16, 2012 is remanded as the combined rating for service-connected disabilities prior to July 16, 2012 will not satisfy the schedular requirement in 38 C.F.R. § 4.16(a).
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 24, 2021
- Citation
- 21070712
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 21070712.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied entitlement to increased ratings for the Veteran's low back disability, left ankle disability, and lower extremity radiculopathy, as well as a TDIU.
- Denied
The Board denied the Veteran's appeal for an initial rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine, as there was no evidence of unfavorable ankylosis.
- Denied
The Board denied an increased rating in excess of 10 percent for degenerative disc disease of the thoracolumbar spine prior to December 21, 2023, and in excess of 40 percent from December 21, 2023.
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