The Board denied the veteran's claims for increased ratings and an earlier effective date for a 40 percent rating, as well as an initial rating in excess of 20 percent for his thoracic spine disability.
The deciding factor: The evidence did not support higher ratings due to the lack of significant neurological impairment or other factors required by the applicable criteria.
- Claimed conditions
- Residuals of injury to the cervical spine, Residuals of injury to the thoracic spine with slight compression deformity, T7-T8, Post-concussion headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 1, 2008
- Citation
- 0810732
Veterans Law Judge
Decisions by this judge: 180 · Granted: 28% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0810732.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for PTSD, cervical degenerative disc disease, lumbar spine degenerative disc disease, and radiculopathies of the upper and lower extremities. A 30 percent rating was also granted for vertigo associated with TBI.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings for low back pain and cervical spine disabilities due to inadequate examinations. The Veteran is also being asked to complete a VA Form 21-8940 regarding his TDIU claim.
- Whole decision: Denied
The Veteran's post-concussion headaches do not meet the criteria for a compensable evaluation under DC 8100, as they do not cause characteristic prostrating attacks.,The Veteran's panic disorder without agoraphobia with TBI does not meet the criteria for a total rating under DC 9412 due to his ability to maintain work and social relationships.
- Whole decision: Granted
The Veteran's post-concussion headaches are rated at a 50 percent disability rating prior to February 21, 2020. The claim for a separate rating for service-connected TBI is denied.
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