The Veteran's lumbar spine disability was not found to warrant a rating in excess of 40 percent, and he was also denied a total disability rating based on individual unemployability.
The deciding factor: The evidence did not show the Veteran's lumbar spine disability caused functional impairment that equated to more than severe limitation of motion or incapacitating episodes.
- Claimed conditions
- Residuals of a lumbar spine fracture, Residuals of frostbite of the feet
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 4, 2009
- Citation
- 0908043
Veterans Law Judge
Decisions by this judge: 1,710 · Granted: 15% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0908043.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a VA examination to determine the nature and likely etiology of the Veteran's foot disabilities, including whether they are related to his service in Korea.
- Dismissed
The issue of service connection for a cervical spine disability is dismissed. The issues of service connection for residuals of frostbite of the hands and feet are denied.
- Remanded (sent back)
The Veteran's appeal is being REMANDED to the RO for further action, including scheduling a hearing at his correctional facility or accommodating his request through other means. The case will be returned to the Board if necessary.
- Denied
The Board denied service connection for residuals of frostbite of the feet due to a lack of evidence linking current foot disabilities to an in-service injury.
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