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 assigned
- 20%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0924162.
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.
- 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.
- 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.
- Denied
The Veteran's service-connected conditions did not prevent him from securing and following a substantially gainful occupation prior to March 28, 2018.
- 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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