The Board denied the Veteran's claim for an increased rating for his service-connected residuals of a fractured lumbar spine with traumatic arthritis and found that he did not meet the criteria for a higher evaluation under the applicable diagnostic codes. The issue of service connection for a left eye disability was referred to the RO.
The deciding factor: The evidence did not show unfavorable ankylosis or forward flexion of the thoracolumbar spine at 30 degrees or less, which are required for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's left eye disability was also addressed in the REMAND portion.
- Claimed conditions
- fractured lumbar spine with traumatic arthritis, left eye disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 2, 2009
- Citation
- 0945795
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 0945795.
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.
- Remanded (sent back)
The Board has decided to remand the case due to duty-to-assist errors, including failing to obtain SSA records and VA medical opinions regarding whether the Veteran's left eye disability is secondary to his service-connected hypertension.
- Dismissed
The Veteran's appeal has been withdrawn by his attorney, and the Board is dismissing the case.
- Remanded (sent back)
The Board has ordered remand for the previously denied claims of service connection for left eye, right eye, and lumbar spine disabilities due to new evidence submitted by the Veteran.
- Denied
The Board denied service connection for a left eye disability and a headache disability (claimed as TBI) due to the lack of evidence showing current disabilities during the appeal period.
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