The veteran's thoracic spine disability was not shown to be more than 10% disabling prior to June 2008, and has not been more than 40% disabling since June 2008.
The deciding factor: Clinical findings did not support a higher rating at any time due to the lack of evidence showing forward flexion of the thoracolumbar spine to 60 degrees or less, combined range of motion of the thoracolumbar spine to 120 degrees or less, or muscle spasm or guarding that is severe enough to result in an abnormal gait or abnormal spinal contour.
- Claimed conditions
- vertebral compression fracture residuals at T-9 and T-10, wedging at T-11 and T-12
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907625
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
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