The Veteran's initial disability rating for DDD of the thoracolumbar spine was granted at a 20 percent level from November 21, 2010 to May 11, 2021. For the right elbow, a staged initial disability rating in excess of 30 percent on the basis of limitation of flexion was denied.
The deciding factor: The VA examinations and medical evidence supported the findings that the Veteran's DDD of the thoracolumbar spine did not meet criteria for higher ratings due to lack of ankylosis or incapacitating episodes, while his right elbow condition met criteria for a staged initial disability rating in excess of 30 percent on the basis of limitation of flexion.
- Claimed conditions
- Degenerative disc disease (DDD) of thoracolumbar spine, Status post right ulnar decompression and elbow strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 24, 2021
- Citation
- 21070715
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 21070715.
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.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to inadequate addendum opinions regarding functional loss during flare-ups of pain in the Veteran's back and right elbow.
- Granted
The Veteran's service-connected DDD of thoracolumbar spine with IVDS is currently rated at 20 percent, effective October 17, 2019. The right lower extremity radiculopathy has been rated at 10 percent since the claim was filed.
- Remanded (sent back)
The Board has remanded the cases for further development and consideration due to insufficient functional loss assessment during flare-ups of pain in the Veteran's back and right elbow.
- Denied
The Veteran's service-connected disabilities did not prevent him from securing or maintaining substantially gainful employment prior to April 11, 2016.
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