The Veteran's claim for a higher rating for thoracolumbar strain prior to April 29, 2016 was denied as the disability did not meet the criteria for a higher rating under the General Formula for Diseases and Injuries of the Spine.
The deciding factor: The Veteran's lumbar spine disability manifested by forward flexion to 65 degrees at worst, and a combined range of motion of 125 degrees at worst; but not by abnormal gait or spinal contour, forward flexion to 60 degrees or less, a combined range of motion of 120 degrees or less, ankylosis or incapacitating episodes of intervertebral disc syndrome (IVDS).
- Claimed conditions
- Thoracolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 5, 2023
- Citation
- 23000772
Veterans Law Judge
Decisions by this judge: 2,240 · Granted: 28% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 23000772.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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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