The Board denied the Veteran's claims for higher initial ratings for his service-connected healed oblique fracture of the proximal right C7 transverse process of the cervical spine and thoracolumbar strain, as the evidence did not support a rating in excess of 10 percent prior to June 27, 2008, or 20 percent thereafter.
The deciding factor: The Board found that the Veteran's service-connected disabilities did not meet the criteria for higher ratings based on the ranges of motion and other factors evaluated under the applicable rating criteria.
- Claimed conditions
- healed oblique fracture of the proximal right C7 transverse process of the cervical spine, thoracolumbar strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 18, 2009
- Citation
- 0910112
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's appeal for a rating greater than 10 percent for thoracolumbar strain, as the evidence did not support a higher rating.
- Denied
The Board denied the Veteran's claim for a compensable rating for bilateral hearing loss as there was no evidence that it met a compensable level during the period on appeal.
- Partly granted
The Board granted an effective date of September 2, 2010, for service connection for radiculopathy of the left and right sciatic nerves but denied increased ratings for these conditions. The claims for increased ratings for knee and back conditions were remanded.
- Denied
The Board denied service connection for hearing loss, a bladder condition, and various other conditions including psychiatric issues, alopecia, musculoskeletal problems, and skin conditions. The Veteran's claims were not supported by the evidence of record.
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