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
Veterans Law Judge
Decisions by this judge: 141 · Granted: 20% (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 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.
- Denied
The Board found that the Veteran's upper back strain and right knee degenerative joint disease do not warrant a rating in excess of 10 percent under any applicable diagnostic codes.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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