The Board has corrected the effective date of an initial 40 percent rating for degenerative joint disease of the thoracic spine from March 14, 2007. The issue of a higher initial rating remains on appeal.
The deciding factor: The Board found that the August 2021 decision erroneously awarded a 40 percent initial rating from June 14, 2011 rather than for the entire appeal period from March 14, 2007.
- Claimed conditions
- Degenerative Joint Disease of the Thoracic Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2023
- Citation
- 23018410
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 23018410.
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.
- Dismissed
The Veteran's appeals for increased ratings for various shoulder and back conditions have been dismissed due to the withdrawal of his claims.,His low back disability is rated at 40 percent, with symptoms approximating favorable ankylosis.
- Granted
The Veteran's back disability, specifically degenerative joint disease of the thoracic spine with mid-thoracic kyphosis, has been granted a 40 percent rating since October 28, 2016.
- Denied
The Veteran's service-connected back disability has not manifested to unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine, thus preventing a higher rating.
- Granted
The Veteran's service-connected thoracic spine disability has been granted a 20 percent rating for the entire period on appeal, with symptoms more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but less than 60 degrees.
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