The Board denied the Veteran's claim for a disability rating in excess of 40 percent for his thoracolumbar spine disability, as the evidence did not support a higher rating.
The deciding factor: The Veteran's thoracolumbar spine disability did not meet the criteria for a rating in excess of 40 percent due to the lack of unfavorable ankylosis or functional equivalent of ankylosis, and no evidence showed that his disability required bed rest for at least six weeks during a 12-month period.
- Claimed conditions
- Thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 10, 2024
- Citation
- A24065115
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the motions for revision of the July 2015 rating decision on the basis of clear and unmistakable error (CUE) to assign higher disability ratings for cervical spine, thoracolumbar spine, right shoulder, and right elbow disabilities.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include PTSD; left knee disability; right knee disability; thoracolumbar spine disability; sleep apnea; and left foot disability. The claims for fibromyalgia and a compensable rating for hearing loss were denied.
- Denied
The Board denied entitlement to higher ratings for persistent depressive disorder, cervical spine disability, and thoracolumbar spine disability.
- Denied
The Board denied service connection for a psychiatric disability, as the weight of evidence supported that it had its onset during a period of service adjudicated dishonorable for VA purposes and there was no continuity of symptomatology to the present.
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