The Veteran's thoracolumbar spine disability is rated at 20 percent, but not more. From December 29, 2011 to January 19, 2023, the Veteran was granted a TDIU for purposes of SMC. From January 20, 2023, she is denied a TDIU for SMC purposes.
The deciding factor: The VA examination did not show forward flexion limited to 30 degrees or less, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's use of medication was noted but not considered in assigning the current rating as none of the applicable diagnostic codes contemplate the effects of medication.
- Claimed conditions
- Thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 18, 2024
- Citation
- 24031996
Veterans Law Judge
Decisions by this judge: 2,036 · Granted: 27% (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 24031996.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Remanded (sent back)
The Board has remanded the Veteran's claims for thoracolumbar spine disability and left hip disability due to inadequate medical opinions in the original decision. The claims will be reconsidered with new medical opinions.
- Granted
The Veteran's thoracolumbar spine disability is currently rated at 10 percent, and the Board has determined that a higher rating is not warranted. The evidence does not support a finding of entitlement to an increased rating for this condition.
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