The Board granted an earlier effective date of September 1, 2016, for the 40 percent rating assigned for degenerative disc disease of the thoracolumbar spine and denied a rating in excess of 40 percent.

The deciding factor: The Veteran has at least as likely as not experienced impairment approximating the 40 percent rating criteria due to his service-connected degenerative disc disease of the thoracolumbar spine, when considering the effects of flare-ups, since the effective date of service connection. However, there is no evidence of unfavorable ankylosis or the functional equivalent thereof that would warrant a higher rating.

Claimed conditions

Degenerative disc disease of the thoracolumbar spine

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

40%

Decision date

December 16, 2025

Citation

25014993

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