The Veteran's thoracic spine disability did not meet the criteria for a higher rating before September 21, 2011 and after that date. The disability was rated based on its current severity.
The deciding factor: The Veteran's range of motion met the criteria for a 10 percent rating prior to September 21, 2011, but did not meet the criteria for higher ratings due to lack of unfavorable ankylosis or intervertebral disc syndrome with incapacitating episodes.
- Claimed conditions
- compression fracture of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 17, 2012
- Citation
- 1228513
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 1228513.
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: Dismissed
The appellant requested to withdraw their appeal, and the Board has dismissed it due to lack of jurisdiction.
- Whole decision: Remanded (sent back)
The Board has remanded two separate claims for increased ratings: one for a back disability and the other for a right shoulder disability. The Veteran's service records show he served in the U.S. Army from April 1988 to June 1991.
- Whole decision: Denied
The Board denied the Veteran's claims for service connection for residuals of a left clavicle fracture, compression fracture of the thoracic spine, and residuals of rib fractures secondary to his service-connected traumatic brain injury (TBI). The evidence did not support that these injuries were related to his TBI.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's back condition and his in-service fall off a truck.
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