The Veteran's upper back strain has been granted a 40 percent evaluation, while the other two conditions have not met the criteria for increased ratings.
The deciding factor: The limitation of forward flexion to 30 degrees or less in the thoracolumbar spine supports a 40 percent rating under the General Formula for Diseases and Injuries of the Spine. The other conditions did not meet the criteria for higher ratings.
- Claimed conditions
- Upper back strain, Residuals of fracture to right radius and ulna with limitation of motion of pronation and supination, Residuals of pneumothorax
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909202
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.
- Partly granted
The Board denied service connection for bilateral hearing loss and remanded the claims for service connection for bilateral knee medial meniscus repair, upper back strain, and malignant melanoma.
- Granted
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- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
- Remanded (sent back)
The Board remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
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