The Veteran's initial rating for a thoracolumbar spine disability was denied, as the evidence did not meet the criteria for a higher than 20 percent rating. The claim for an initial compensable rating for residuals of a right second metatarsal stress fracture was also denied.
The deciding factor: The VA examinations and medical records showed that the Veteran's thoracolumbar spine disability had flexion to at least 80 degrees, which did not meet the criteria for a higher than 20 percent rating. The residuals of his right second metatarsal stress fracture were rated as noncompensable under Diagnostic Code 5284.
- Claimed conditions
- Thoracolumbar Spine Condition, Right Second Metatarsal Stress Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 28, 2012
- Citation
- 1240614
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 1240614.
What this means for you
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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 determined that the Veteran requires personal care services due to a need for supervision, protection or instruction without which his ability to function in daily life would be seriously impaired. The appeal is remanded to determine if it is in the best interest of the Veteran to participate in the PCAFC program and provide complete notice as required by law.
- Granted
The Board has granted service connection for cervical spine and thoracolumbar spine disabilities, both secondary to the Veteran's service-connected right shoulder disability. However, the Board found that there is no evidence linking these conditions to service or aggravation by the service-connected condition.
- Remanded (sent back)
The Veteran's initial rating for Major Depressive Disorder is denied, and his thoracolumbar spine condition remains at a 10 percent rating. The case is remanded for further development regarding the higher ratings.
- Granted
The Veteran's service-connected disabilities, including arthritis, disc disease, knee pain, thoracolumbar spine condition, and radiculopathy of the left lower extremity, have rendered him unemployable since February 13, 2013. His combined disability rating was sufficient to meet the schedular requirement for TDIU.
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