The Veteran's thoracolumbar strain claim is denied for an initial rating in excess of 20 percent from February 19, 2018 and a rating in excess of 10 percent from March 30, 2022. The Board has remanded the issues of entitlement to separate ratings for right and left lower extremity neurologic impairment as secondary to service-connected thoracolumbar strain, and entitlement to service connection for a bilateral foot disability.
The deciding factor: The evidence does not demonstrate forward flexion of the thoracolumbar spine to 30 degrees or less or ankylosis of the thoracolumbar spine from February 19, 2018, nor does it show forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees, combined range of motion of the thoracolumbar spine not greater than 120 degrees, or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour from March 30, 2022.
- Claimed conditions
- Thoracolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2022
- Citation
- 22054625
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 22054625.
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.
- Granted
The Board has granted the appellant's claims for service connection for various disabilities, including cervical strain, elbow and knee conditions, radiculopathy of upper and lower extremities, thoracolumbar strain, and GERD. The effective date is set at September 13, 2023.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed with respect to the rating decision issued on October 21, 2021.
- Remanded (sent back)
The Board has remanded the case due to non-compliance with previous instructions. The Veteran's thoracolumbar strain and degenerative arthritis, cervical strain, and LLE radiculopathy cases are still pending for higher evaluations.
- Granted
The Board has granted a 50 percent disability rating for the Veteran's service-connected thoracolumbar strain, effective from January 24, 2014. The decision is based on evidence of functional equivalent to unfavorable ankylosis of the entire thoracolumbar spine.
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