An initial 40 percent rating for thoracolumbar strain with degenerative joint disease is granted from December 20, 2005 to June 26, 2015.,A higher initial rating in excess of 40 percent for thoracolumbar strain with degenerative joint disease is denied prior to and from June 26, 2015 onwards.,An initial 10 percent rating for right lower extremity radiculopathy is granted from December 20, 2005 to January 6, 2017.,A higher initial rating in excess of 10 percent for right lower extremity radiculopathy is denied prior to and from January 6, 2017 onwards.
The deciding factor: The evidence is at least in equipoise on the question of whether the Veteran had forward flexion of the thoracolumbar spine to 30 degrees or less with consideration of limitation of motion due to pain, flare-ups of pain, fatigability, weakness, and lack of endurance.
- Claimed conditions
- Thoracolumbar strain, Degenerative Joint Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 3, 2024
- Citation
- A24051736
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 A24051736.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 TDIU and Dependents' Educational Assistance claims have been granted effective from November 23, 2019.,The Board has also remanded the Veteran's increased rating claims for his lumbar and cervical spine conditions.
- Remanded (sent back)
The Board has found new and relevant evidence in support of the Veteran's previously denied service-connection claim for a back condition to include degenerative joint disease and degenerative disc disease. The case is being remanded for further review.
- Granted
The Board has granted the appellant's claims for service connection for various disabilities, including cervical strain, elbow and knee conditions, radiculopathy of upper and lower extremities, thoracolumbar strain, and GERD. The effective date is set at September 13, 2023.
- Remanded (sent back)
The Board has decided to remand the case due to a need for a VA examination to determine the nature and likely etiology of the Veteran's back disability, including whether it is related to service.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.