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
Veterans Law Judge
Decisions by this judge: 1,863 · Granted: 26% (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 25014993.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's back disability is rated at 40 percent prior to January 13, 2022. Effective March 18, 2020, the Veteran is granted TDIU.
- Remanded (sent back)
The Board has determined that new and relevant evidence has been received for the Veteran's claims of service connection for degenerative disc disease of the thoracolumbar spine and obstructive sleep apnea. As a result, these claims are being remanded to allow for further review.
- Granted
The Veteran is granted entitlement to Chapter 33 educational assistance benefits at the 100 percent rate due to his service-connected back disability and discharge from active duty.
- Remanded (sent back)
The Board has denied the Veteran's claim for an initial rating in excess of 20 percent for his lumbar spine disability. The Court granted a JMPR, which required the Board to address pain on passive range of motion and nonweight-bearing testing. The case is now remanded due to inadequate examination documentation.
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