The veteran's service-connected disability of status post fracture, six left ribs, with arthritis of the thoracic spine, scoliosis and mid-back pain is now rated at 40 percent effective from September 26, 2003.
The deciding factor: Effective from September 26, 2003, the veteran's disability manifested by severe limitation of motion of the thoracolumbar spine with arthritis, forward flexion of the thoracolumbar spine at 30 degrees or less, and abnormal spinal contour such as scoliosis warranted a higher rating under the revised criteria.
- Claimed conditions
- status post fracture, six left ribs, arthritis of the thoracic spine, scoliosis, mid-back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 14, 2005
- Citation
- 0530492
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 0530492.
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.
- Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in the duty to assist, and will require a VA examination to determine if the Veteran's pre-existing scoliosis and/or additional lumbar vertebra clearly and unmistakably existed prior to service and whether any increase in severity during service was due to natural progression.
- Granted
The Board has granted service connection for lumbosacral strain, scoliosis and compression fracture of T5 and L2, cervical strain, herniation to C5-6, and narrowing at C3-5, and right knee strain. The decision is based on the Veteran's credible reports of symptoms during active duty.
- Dismissed
The Veteran's appeals for increased evaluation of unspecified depressive and anxiety disorder, service connection for scoliosis, and costochondritis are dismissed.
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