The Veteran's claim to reopen his thoracic spine disability was denied as new and material evidence had not been submitted. His right ankle disability is rated at 40 percent, with no higher rating allowed under the applicable diagnostic codes.
The deciding factor: No new and material evidence has been received to reopen the claim of service connection for a thoracic spine disability.
- Claimed conditions
- Thoracic spine pain, Right ankle disability (including avulsion fracture)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 5, 2009
- Citation
- 0929202
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 0929202.
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.
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The Board denied service connection for bilateral hearing loss and denied initial compensable disability ratings for various scars, inguinal hernia, and other conditions. The issues related to lumbar discogenic pain with bilateral lower extremity radiculopathy, thoracic spine pain, adjustment disorder, alcohol use disorder, right clavicle facture, and left hand boxer's fracture were remanded.
- Remanded (sent back)
The Veteran's initial rating for PTSD was denied, and the Board found that her symptoms did not warrant a higher than 50 percent rating. The appeal regarding thoracic spine pain is remanded due to incomplete records.
- 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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