The Veteran's thoracolumbar spine strain with multilevel osteoarthritis and degenerative changes is rated at 20 percent prior to September 19, 2017, and 40 percent thereafter. The Veteran's right and left lower extremity radiculopathy are each rated as 10 percent from November 14, 2017, to December 11, 2022, and 20 percent starting December 12, 2022.
The deciding factor: The Veteran's thoracolumbar spine strain with multilevel osteoarthritis and degenerative changes is rated at the maximum schedular rating of 40 percent based on forward flexion limited to 20 degrees. The Veteran's radiculopathy ratings are also at their maximum schedular ratings due to mild to moderate incomplete paralysis.
- Claimed conditions
- Thoracolumbar spine strain, Multilevel osteoarthritis and degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 12, 2023
- Citation
- 23065791
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. Read the original VA decision (opens in a new tab) using citation 23065791.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's initial rating for thoracolumbar spine strain is denied, with a current rating of 20 percent. The claim for higher staged ratings for cervical spine spondylosis remains pending.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for a 20 percent rating for her back disability is denied as there is no evidence of increased severity prior to the May 9, 2024 effective date.
- Whole decision: Remanded (sent back)
The Board has determined that new and relevant evidence has been received to support the Veteran's claims for service connection, but the claims are being remanded due to deficiencies in the medical opinions provided.
- Whole decision: Partly granted
The Board denied increased ratings for cervical and thoracolumbar spine strains, TMJ disorder, dermatitis of the face, right knee chondromalacia grade II with patellar tendonitis, medial meniscal derangement, and Baker's cyst, and bilateral hearing loss. However, service connection was granted for radicular pain paresthesia of the right upper extremity.
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