The Veteran's service-connected thoracic spine DJD has been manifested by subjective complaints of pain and guarding, resulting in abnormal gait or spinal contour. The Board granted a 20 percent rating for the condition prior to January 29, 2020.
The deciding factor: The VA examiner found that the Veteran's thoracic spine DJD resulted in muscle spasm and guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 8, 2021
- Citation
- 21073327
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 21073327.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted initial ratings for DJD of the thoracic spine, right and left lower extremity sciatic radiculopathy, and left knee limitation of extension, while denying higher ratings. The Veteran was also awarded SMC based on regular need for aid and attendance.
- Denied
The Veteran's thoracic spine disorder, diagnosed as DJD of the lumbar spine with lumbar strain, is rated at 40 percent and not entitled to a higher rating. The appeal for an earlier effective date for Dependents' Educational Assistance benefits was also denied.
- Remanded (sent back)
The Board has remanded the cases for further development, specifically requesting an addendum medical opinion to account for the Veteran's statements regarding less pain and immobility with more movement.
- Dismissed
The Veteran's appeal has been dismissed as he requested withdrawal of his appeal due to the issuance of a new rating decision awarding him a 40% disability rating for thoracic spine DJD effective January 10, 2022.
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