The Veteran's thoracic spine disability has not been shown to warrant a rating in excess of the current 10 percent evaluation.
The deciding factor: The evidence does not demonstrate forward flexion limited to 60 degrees or less, combined range of motion limited to 120 degrees or less, muscle spasm severe enough to result in abnormal gait or spinal contour, or incapacitating episodes with a total duration of at least two weeks during the previous year.
- Claimed conditions
- Thoracic spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 7, 2011
- Citation
- 1108967
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 1108967.
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 case for further development and readjudication, including consideration of whether an extraschedular rating is warranted prior to March 27, 2001, for the Veteran's thoracic spine disability, lumbar spine disability, and total disability rating based on individual unemployability (TDIU). The effective date issue for Dependents' Educational Assistance (DEA) will also be remanded.
- Denied
The Veteran's claim for an earlier effective date for a compensable rating for the residuals of a thoracic spine injury was denied as there is no factually ascertainable evidence demonstrating an increased disability was manifest prior to July 12, 1995.
- Denied
The Board found that the Veteran's TDIU benefits should not be restored as he had been employed for at least 12 months prior to May 1, 2009 and his income exceeded the poverty threshold.
- Denied
The Board found that the Veteran's current spinal disability is not related to his active service, and thus denied his claim for service connection.
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