The Board found that the February 16, 1959 decision to reduce the veteran's thoracic spine disability evaluation from 10 percent to 0 percent was not CUE. The June 24, 1974 decision to continue a 0 percent evaluation for the service-connected thoracic spine disability was also upheld. The Board determined that an increased evaluation for the service-connected thoracic spine disability is not warranted based on current evidence.
The deciding factor: The February 16, 1959 reduction of the veteran's rating to 0 percent was supported by subsequent medical findings showing no limitation of motion or deformity in his thoracic spine. The June 24, 1974 decision to continue a 0 percent evaluation was also upheld as there was no evidence of an error in applying the applicable regulations.
- Claimed conditions
- Thoracic Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- April 14, 2003
- Citation
- 0307090
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (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 0307090.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored the Veteran's Total Disability Rating Based on Individual Unemployability (TDIU) from February 1, 2021 due to continued service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Granted
The Board granted a 40 percent rating for the thoracic spine disability, effective June 24, 2024. The Veteran's disability is currently rated 20 percent under Codes 5010-5235 from June 1, 2008 (the date service connection was awarded) and 40 percent from 5235 from June 24, 2024.
- Denied
The Veteran's service-connected conditions did not prevent him from securing and following a substantially gainful occupation prior to March 28, 2018.
- Denied
The Board denied the Veteran's claims for service connection of right shoulder, cervical spine, and thoracic spine disabilities due to a finding that there was no clear and unmistakable error in the January 1992 rating decision.
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