The Board denied the Veteran's appeal for an initial rating in excess of 40 percent for degenerative disc disease (DDD) of the thoracolumbar spine, as there was no evidence of unfavorable ankylosis.
The deciding factor: The decision was based on the absence of evidence demonstrating unfavorable ankylosis of the thoracolumbar spine.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 16, 2025
- Citation
- 25005144
Veterans Law Judge
Decisions by this judge: 2,249 · Granted: 37% (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 25005144.
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 Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Denied
The Board denied entitlement to increased ratings for the Veteran's low back disability, left ankle disability, and lower extremity radiculopathy, as well as a TDIU.
- Denied
The Board denied an increased rating in excess of 10 percent for degenerative disc disease of the thoracolumbar spine prior to December 21, 2023, and in excess of 40 percent from December 21, 2023.
- Granted
The Veteran's service-connected DDD of the thoracolumbar spine and depressive disorder have effective dates of March 15, 2016.,A TDIU has been granted based on the combined effect of his service-connected disabilities.
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