The Veteran's appeal for a higher disability rating for his service-connected degenerative arthritis of the thoracolumbar spine is denied as he does not meet the criteria for a disability rating greater than 40 percent from November 4, 2021. The case is remanded due to additional development needed.
The deciding factor: The Veteran's current range of motion and symptoms do not warrant an increased rating beyond 40 percent as he does not have unfavorable ankylosis or incapacitating episodes that meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Degenerative Arthritis of the Thoracolumbar Spine, Left Lower Extremity Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 19, 2024
- Citation
- 24033187
Veterans Law Judge
Decisions by this judge: 1,886 · Granted: 24% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 24033187.
What this means for you
A remand sends an issue back for more development, often a new examination or missing records. It does not award the benefit or decide the final outcome. The original decision explains the additional work ordered.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Granted
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