The Veteran's degenerative disc disease of the thoracolumbar spine was not manifested by forward flexion limited to 30 degrees or less, resulting in a denial of an initial disability rating in excess of 20 percent for this time period.
The deciding factor: The VA examiner found that the Veteran’s forward flexion was limited to 45 degrees, which is greater than 30 degrees and thus does not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 16, 2022
- Citation
- 22069385
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 22069385.
What this means for you
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What you can do next
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- Granted
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- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
- Granted
The Veteran is granted entitlement to Chapter 33 educational assistance benefits at the 100 percent rate due to his service-connected back disability and discharge from active duty.
- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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