The veteran's service-connected thoracic spine disability was found to not warrant an initial rating in excess of 20 percent prior to October 13, 1989 or 50 percent from that date. The appeal is denied.
The deciding factor: The veteran's thoracic spine disability did not meet the criteria for a higher evaluation under the applicable diagnostic codes due to its current manifestations and lack of incapacitating episodes.
- Claimed conditions
- postoperative herniated intervertebral disc, T8-9, residuals of thoracic spine injury with kyphosis (compression fracture)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 28, 2005
- Citation
- 0505527
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 0505527.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for postoperative herniated intervertebral disc, T8-9 and residuals of thoracic spine injury with kyphosis (compression fracture) and assigned a 50 percent evaluation effective from October 13, 1989.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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