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Whole decision: Denied

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
Not verified here — check the original decision
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. Read the original VA decision (opens in a new tab) using citation 21070712.

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).

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