The Board denied the appellant's claim for a rating in excess of 40 percent for residuals of a thoracic spine injury, finding that his disability did not meet the criteria for an increased rating under the applicable diagnostic codes. The issue of service connection for tension headaches was also addressed but is referred to the RO for further action.
The deciding factor: The appellant's residuals of a thoracic spine injury were rated at 40 percent based on the General Rating Formula for Diseases and Injuries of the Spine, which requires unfavorable ankylosis of the entire thoracolumbar spine or forward flexion of the thoracolumbar spine 30 degrees or less. The appellant's VA examination reports did not show such findings.
- Claimed conditions
- residuals of a thoracic spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 27, 2010
- Citation
- 1015343
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 1015343.
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
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