The Veteran's service-connected residuals of a fractured spine at the T-12 vertebra are rated as 40 percent disabling, which is the maximum rating available under the General Rating Formula for Diseases or Injuries of the Spine. The appeal for an increased rating has been denied.
The deciding factor: The Veteran’s disability does not meet the criteria for a higher rating based on limitation of motion due to forward flexion of the thoracolumbar spine being 30 degrees or less, as required by DC 5235 in the General Rating Formula. The appeal is therefore denied.
- Claimed conditions
- Fractured spine at the T-12 vertebra, Posttraumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2020
- Citation
- 20007649
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 remands the claim for a rating in excess of 70 percent for PTSD due to an inadequate medical opinion.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Granted
The Board granted a disability rating of 70 percent for PTSD and a total disability rating due to individual unemployability (TDIU) based on the Veteran's service-connected disabilities.
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