The Veteran's back disability, characterized by compression fracture of T12, has not met the criteria for a higher rating than 30 percent under VA regulations.
The deciding factor: The Veteran's range of motion and functional impairment did not meet or approximate the criteria for a higher rating based on Diagnostic Code 5235.
- Claimed conditions
- compression fracture of T12
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 10, 2009
- Citation
- 0929755
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 0929755.
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: Denied
The Board has determined that the Veteran's claims have been denied as his appeals do not involve service connection issues, but rather focus on rating determinations and effective dates. The specific issues are related to increased ratings for various conditions and effective date determinations.
- Whole decision: Granted
The veteran's disability rating for a compression fracture of T12 is increased to 30 percent, based on the evidence showing moderate osteoarthritis and chronic muscle strain.
- Whole decision: Denied
The veteran's claim for an effective date prior to September 25, 1998, for a grant of service connection for a compression fracture of T12 is denied.
- Whole decision: Granted
The Board has determined that the veteran's service-connected back injury to the thoracolumbar spine with chronic strain, compression fracture of T12 and degeneration of T12-L1 and L5-S1 warrants a 30 percent evaluation.
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