The VA denied the Veteran's claim for an increased rating greater than 20 percent for his thoracic spine disability, finding that the condition did not meet the criteria for a higher rating based on current symptoms.
The deciding factor: The VA determined that the Veteran's thoracic spine disorder manifested by daily moderate mid back pain, slight limitation of motion, stiffness, weakness, and tenderness did not warrant a disability rating greater than 20 percent as it did not meet the criteria for limitation of forward flexion to 30 degrees or less; ankylosis; or incapacitating episodes requiring bedrest and treatment by a physician.
- Claimed conditions
- Thoracic Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 26, 2009
- Citation
- 0924162
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. Search VA.gov for the original decision (opens in a new tab) using citation 0924162.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has restored the Veteran's Total Disability Rating Based on Individual Unemployability (TDIU) from February 1, 2021 due to continued service-connected disabilities preventing him from securing or following a substantially gainful occupation.
- Whole decision: Granted
The Board granted a 40 percent rating for the thoracic spine disability, effective June 24, 2024. The Veteran's disability is currently rated 20 percent under Codes 5010-5235 from June 1, 2008 (the date service connection was awarded) and 40 percent from 5235 from June 24, 2024.
- Whole decision: Denied
The Veteran's service-connected conditions did not prevent him from securing and following a substantially gainful occupation prior to March 28, 2018.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection of right shoulder, cervical spine, and thoracic spine disabilities due to a finding that there was no clear and unmistakable error in the January 1992 rating decision.
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