The Board denied the veteran's claims for higher initial ratings for his thoracic spine disorder, finding that the current evaluations of 20 percent and 40 percent are appropriate based on the severity of his disability as per the applicable rating criteria.
The deciding factor: The evidence did not show ankylosis or incapacitating episodes meeting the criteria for a higher evaluation under the old regulations. The veteran's thoracic spine disorder was rated based on limitation of motion and degenerative changes, with no neurological manifestations warranting additional evaluations.
- Claimed conditions
- residuals of a low back injury, degenerative disc disease with minimal compression deformity at T5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 23, 2008
- Citation
- 0824708
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 0824708.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for service connection for residuals of a low back injury is remanded due to the need for additional evidence, including SSA records and medical records from Brackenridge Hospital in Austin, Texas, and UVA Hospital System.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to incomplete development, including failing to schedule and notify him of examinations. The issues are now pending again for further development.
- Dismissed
The Board has dismissed the service connection claims for residuals of a low back injury and post-traumatic headaches due to the Veteran's death.
- Granted
The Board has granted service connection for residuals of a low back injury and degenerative arthritis, but denied service connection for a cervical spine disability. The low back condition is presumed to have existed prior to service and was aggravated by an in-service pool injury.
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