The Board denied an initial disability rating in excess of 10 percent for the service-connected upper back disability, finding that the Veteran's symptoms do not meet or approximate the criteria for a higher evaluation based on limitation of motion.
The deciding factor: The evidence did not show additional functional loss due to pain and other factors during flare-ups and after repeated use, and the Veteran’s forward flexion of the thoracolumbar spine was limited to no less than 80 degrees with combined range of motion no less than 170 degrees.
- Claimed conditions
- upper back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 23, 2020
- Citation
- 20062546
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 20062546.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims of service connection for various conditions, including sleep apnea, lower back disability, upper back disability, bilateral foot disability, tinnitus, and bilateral knee disability. The Board found that there was no evidence to support a direct link between these conditions and active service.
- Remanded (sent back)
The Board has determined that the Veteran's upper and low back disability, left hip disability, right knee disability, bilateral ankle disability, bilateral foot disability, and overall body pain are related to his active service. The claims are being remanded for further examination and opinion.
- Denied
The Board denied service connection for left middle finger, right hand (including right middle finger), left arm, and upper back disabilities due to a lack of evidence linking these conditions to the Veteran's active military service.
- Denied
The Board denied service connection for tinnitus, remanded claims for service connection for an upper back disability and headaches, and remanded the claim for a compensable rating for left recurrent corneal erosion syndrome.
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