The Veteran's claims for increased rating, service connection reopening, and compensation benefits were denied. The Board found that the Veteran's thoracic spine disability did not meet criteria for a higher rating, but his left foot conditions have been previously denied.
The deciding factor: The evidence does not show any exceptional or unusual circumstances regarding the Veteran's thoracic spine disability that would render the schedular criteria inadequate for rating purposes.
- Claimed conditions
- right para-central herniated disc, T9-T10, left foot plantar fasciitis with heel spurs, left foot nerve damage
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 29, 2010
- Citation
- 1004538
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. Read the original VA decision (opens in a new tab) using citation 1004538.
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 denied the Veteran's claims for service connection for various conditions, including bilateral flat feet, plantar fasciitis and hallux valgus, hearing loss, psychiatric disabilities, nerve damage, eye disability, and IBS. The decision found that there was no evidence of permanent aggravation of preexisting conditions during service.
- Whole decision: Remanded (sent back)
The Board remands the claims for service connection for neurological issues, right and left upper extremities, right and left foot nerve damage, and skin cancer to obtain medical examinations and opinions related to in-service exposure to lead paint and sun exposure.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for bilateral hearing loss is denied as he does not have a current disability.,The Veteran's claims for service connection for right ankle disorder, right foot nerve damage, left foot nerve damage, and bilateral foot disorder are remanded due to the need for VA examinations.,The Veteran's claims for service connection for OSA and chronic sinus disorder are remanded due to the need for a VA examination and determination of potential TERA exposures.,reasoning_summary
- Whole decision: Remanded (sent back)
The Board has remanded the cases for further development due to a need for updated medical examinations and consideration of additional evidence.
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