The Board denied the veteran's claims for increased evaluations for his service-connected dorsal spine injury and hepatitis C. The veteran was previously assigned a 10 percent evaluation for hepatitis C, but the current evidence does not support an increase to a higher rating. For the dorsal spine disability, the evidence showed that while there were orthopedic manifestations including pain, they did not meet the criteria for a higher than 20 percent evaluation based on Diagnostic Codes 5292 and 5295.
The deciding factor: The veteran's dorsopathy did not demonstrate severe limitation of motion or other disabling features warranting an increased rating under the revised diagnostic codes effective September 26, 2003.
- Claimed conditions
- dorsal spine injury, chronic hepatitis C
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 18, 2008
- Citation
- 0827929
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 0827929.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has determined that the cause of the Veteran's death (hepatitic failure, cirrhosis, and chronic hepatitis C) is not directly related to his Marine Corps service or any verified in-service exposures. The VA examiner's opinion was found inadequate due to its reliance on the absence of medical literature without a discussion of specific facts.
- Granted
The Board granted service connection for the cause of the Veteran's death, finding that chronic hepatitis C was incurred in service and contributed to his death.
- Remanded (sent back)
The Board remands the claim for service connection for chronic hepatitis C to obtain an adequate examination and/or addendum opinion.
- Remanded (sent back)
The Veteran's service connection claim for chronic hepatitis C is remanded due to a duty-to-assist error. The Board finds the need for an examination to determine if his current diagnosis of chronic hepatitis C is related to in-service hand injuries.
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