The Board granted a 10 percent rating for the veteran's service-connected thoracic spine disability based on findings of slight limitation of motion and compression fracture deformity at T12. Additional ratings under Diagnostic Code 5285 were not warranted due to lack of demonstrable deformity in other thoracic vertebrae.
The deciding factor: The evidence did not support the presence of fractures or demonstrable deformity in any thoracic vertebra, and therefore, Diagnostic Code 5285 was not applicable. The veteran's disability was characterized as slight limitation of motion of the thoracic spine, which met the criteria for a 10 percent rating under Diagnostic Codes 5291.
- Claimed conditions
- Spondylolisthesis, Scheuermann's disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- February 13, 2006
- Citation
- 0604134
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 remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Remanded (sent back)
The Board remands the claim for service connection for a back condition to correct pre-decisional duty to assist errors, including obtaining an appropriate medical examination and associated opinion.
- Denied
The Board denied service connection for a back disorder, including degenerative disc disease, degenerative arthritis, spondylolisthesis, and compression fracture at L2, as the evidence did not support a finding that these conditions were incurred in or aggravated by service.
- Denied
The Board denied the veteran's claims for increased ratings and eligibility for specially adapted housing and special home adaptation benefits, as well as an earlier effective date for a disability rating.
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