The Board denied the veteran's claims for higher initial ratings for his thoracolumbar spine disability, finding that the evidence did not meet the criteria for a rating in excess of 30 percent prior to April 3, 2006 and 40 percent thereafter.
The deciding factor: The VA determined that the veteran's condition did not warrant higher ratings based on the severity of his symptoms and functional impairment as per the applicable VA rating criteria.
- Claimed conditions
- deformity of thoracic vertebral bodies, degenerative joint disease of thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 22, 2008
- Citation
- 0844106
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 0844106.
What this means for you
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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 back disability, including compression fractures of thoracolumbar spine, degenerative joint disease of thoracolumbar spine, and degenerative joint disease of thoracic spine/lumbar spine, is remanded for a new VA examination to evaluate the current level of severity and any additional complications, particularly neurological impairment of the left upper extremity.
- Granted
The Veteran's thoracolumbar spine degenerative joint disease was rated at 20% effective March 20, 2013.
- Denied
The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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