The Veteran's thoracolumbar spine disability has been objectively shown to be manifested by no more than functional thoracolumbar spine limitation of motion, with pain and other residuals. An initial evaluation in excess of 20 percent is not warranted.
The deciding factor: The Veteran's clinical findings fall directly within the criteria for an initial 20 percent evaluation under the provisions of Diagnostic Codes 5235, 5237 (2008).
- Claimed conditions
- mechanical low back pain, lumbar spine compression fracture residuals, chronic thoracic strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 23, 2009
- Citation
- 0915354
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 0915354.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for an earlier effective date for service connection was dismissed as he did not submit a valid Notice of Disagreement or new and material evidence regarding the effective date.
- Denied
The Board denied a disability rating in excess of 20 percent for the Veteran's lumbosacral strain with chronic thoracic strain, finding that his condition did not meet the criteria for higher ratings based on forward flexion limited to 30 degrees or less or favorable ankylosis of the entire thoracolumbar spine.
- Granted
The Board granted service connection for mechanical low back pain, musculoskeletal neck and cervical spine, and ear condition (such as earaches) based on the evidence showing that these conditions had their onset during active service with continuity of symptoms to the present.
- Remanded (sent back)
The Board remanded all issues to the VA for further examination and documentation. The Veteran's claims are being sent back to the VA for additional evaluations.
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