The Board denied the veteran's claims for an extraschedular evaluation and a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not demonstrate exceptional or unusual circumstances that would render impractical the application of the regular schedular standards.
The deciding factor: The veteran's symptoms were consistent with the criteria in the Rating Schedule, and there was no evidence of an exceptional disability picture as required for an extraschedular evaluation under 38 C.F.R. § 3.321(b).
- Claimed conditions
- compression fracture at L1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 14, 2003
- Citation
- 0304854
Veterans Law Judge
Decisions by this judge: 1,177 · Granted: 24% (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 0304854.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including a VA examination to differentiate the nature and extent of his service-connected residuals of L-1 compression fracture from other conditions.
- Denied
The Board denied service connection for a low back disability as secondary to service-connected compression fractures of T4, T5, and T6. The issue of entitlement to an effective date earlier than May 7, 2002, for Total Disability Rating Based on Individual Unemployability (TDIU) was also addressed but is remanded.
- Granted
The veteran's low back disability, including degenerative disc disease with compression fracture at L1, is currently rated as 40 percent disabling. The Board has determined that the evidence does not support a higher rating under the old version of Diagnostic Code 5293 for intervertebral disc syndrome.
- Denied
The Board has determined that the veteran's claim for an increased evaluation for her service-connected low back disability is denied as the current rating of 20 percent adequately reflects the severity of her condition.
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