The VA determined that the appellant's thoracic spine disability, which includes a T6 spinal fusion and prior T3-8 posterior spinal fusion, warrants a 10 percent evaluation based on the current schedular criteria. The appeal is granted as the assigned rating adequately reflects the level of impairment.
The deciding factor: The medical evidence does not support an increase in the disability rating beyond the currently assigned 10 percent for the thoracic spine disability due to lack of findings indicating fracture residuals, complete bony fixation, or other criteria applicable under Diagnostic Codes 5285-5295. The appellant's pain complaints do not warrant a higher evaluation based on additional functional loss.
- Claimed conditions
- Thoracic spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 31, 2000
- Citation
- 0028855
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 0028855.
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 Board has remanded the case for further development and readjudication, including consideration of whether an extraschedular rating is warranted prior to March 27, 2001, for the Veteran's thoracic spine disability, lumbar spine disability, and total disability rating based on individual unemployability (TDIU). The effective date issue for Dependents' Educational Assistance (DEA) will also be remanded.
- Denied
The Veteran's claim for an earlier effective date for a compensable rating for the residuals of a thoracic spine injury was denied as there is no factually ascertainable evidence demonstrating an increased disability was manifest prior to July 12, 1995.
- Denied
The Board found that the Veteran's TDIU benefits should not be restored as he had been employed for at least 12 months prior to May 1, 2009 and his income exceeded the poverty threshold.
- Denied
The Veteran's thoracic spine disability has not been shown to warrant a rating in excess of the current 10 percent evaluation.
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