The Veteran's claim for restoration of a separate rating for thoracic spine disability was denied as the original decision granting separate ratings was clearly and unmistakably erroneous.,The Veteran is granted TDIU based on his service-connected disabilities, which meet the percentage requirements.
The deciding factor: The combined effect of the Veteran's service-connected disabilities precludes him from securing or following substantially gainful employment.
- Claimed conditions
- Thoracic Spine Disability, Lumbar Spinal Stenosis, Peripheral Neuropathy of the Right Lower Extremity, Peripheral Neuropathy of the Left Lower Extremity, Prostate Cancer with Benign Prostatic Hypertrophy, Supraventricular Arrhythmia, Tinnitus, Bilateral Hearing Loss, Hemorrhoids, Left Side Shrapnel Wound Scar, Erectile Dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 28, 2022
- Citation
- A22026213
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 A22026213.
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: Denied
The Board denied service connection for bilateral hearing loss and tinnitus, finding that the Veteran's current conditions are not related to his military service.
- Whole decision: Granted
The Veteran's bilateral hearing loss is granted as service-connected. The claims for alcohol abuse and psychiatric disorder are remanded for additional development, including a VA examination to determine the nature and etiology of these conditions.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a need for a new VA examination to assess the current severity of the Veteran's bilateral hearing loss. The issue remains under direct service connection theory.
- Whole decision: Denied
The Veteran's hearing loss was rated at 30 percent, the highest non-compensable rating available. The Board found that his hearing loss did not warrant a higher rating based on VA examinations and medical records.
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