The Veteran's back disability, including thoracic spine degenerative arthritis and lumbar strain, is rated at 40 percent disabling as of October 15, 2020. The appeal for higher ratings prior to that date has been denied.
The deciding factor: The evidence does not meet the criteria for a higher rating under any applicable diagnostic codes due to lack of forward flexion or other functional limitations.
- Claimed conditions
- Thoracic spine degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2023
- Citation
- 23001485
Veterans Law Judge
Decisions by this judge: 352 · Granted: 37% (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 23001485.
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.
- Remanded (sent back)
The Board remands the claim for a new VA examination to address whether the Veteran's thoracic spine degenerative arthritis is caused or aggravated by his service-connected lumbar spine disability.
- Dismissed
The Veteran's appeals for increased ratings for PTSD and thoracic spine degenerative arthritis have been dismissed due to the withdrawal of the appeal by the Veteran’s attorney.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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