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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the cases for additional development and readjudication due to outstanding VA treatment records from non-VA providers through the Community Care Network, as well as extraschedular consideration.
- Remanded (sent back)
The Board has decided to remand the case for further examination and opinion regarding service connection for a thoracolumbar spine disability. The claim is reopened due to new evidence, but the issue of service connection remains pending.
- Denied
The Board denied the motion for CUE in a previous decision that denied service connection for residuals of a thoracic spine injury. The Board found no error and concluded there was not CUE.
- Remanded (sent back)
The Board has ordered a remand to obtain additional medical records that may support the Veteran's claim for service connection for his thoracic spine injury.
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