The Veteran's service-connected low back disorder is not shown to be productive of a level of functional impairment, even when considering added limitation due to pain or during flare-ups, that would equate with an overall disability picture manifested by flexion of the thoracolumbar spine restricted to 30 degrees or less. The service-connected left eye disability is not shown to be productive of a level of corrected visual acuity worse than 20/25 on the right and 20/30- on the left.
The deciding factor: The Veteran's low back disorder does not meet the criteria for an evaluation in excess of 20 percent as it is not shown to result in flexion restricted to 30 degrees or less, nor does it demonstrate favorable ankylosis of the entire thoracolumbar spine. The left eye disability is not shown to be productive of a level of corrected visual acuity worse than 20/25 on the right and 20/30- on the left.
- Claimed conditions
- intervertebral disc syndrome (low back disorder), pterygium of the left eye
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 4, 2011
- Citation
- 1128867
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 1128867.
What this means for you
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- Dismissed
Your claims of service connection for refractive error, pterygium of the left eye, and bilateral hearing loss have been dismissed as your appeal has been withdrawn by you through a Higher-Level Review (HLR).
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for pterygium of the left eye and sleep apnea syndrome due to a lack of substantial compliance with its previous remand directives.
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