The Veteran's claim for TDIU and SMC at the level of 38 U.S.C. § 1114(r)(2) was denied due to his service-connected thoracic spine condition, which provided him with a 100% rating since July 12, 1982. The issue of TDIU is moot as he is already receiving the maximum schedular rating for his disability. SMC at the level of 38 U.S.C. § 1114(r)(2) was denied due to a lack of evidence showing an increase in disability within one year prior to the claim.
The deciding factor: The Veteran's service-connected thoracic spine condition provided him with a 100% rating since July 12, 1982. As he is already receiving the maximum schedular rating for his disability, the issue of TDIU is moot. SMC at the level of 38 U.S.C. § 1114(r)(2) was denied due to a lack of evidence showing an increase in disability within one year prior to the claim.
- Claimed conditions
- thoracic spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 14, 2022
- Citation
- 22068865
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 22068865.
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.
- Dismissed
The Veteran's appeal was dismissed because the Board Appeal request was not timely filed within one year of the May 20, 2024 rating decision. The Veteran did not provide sufficient evidence to show good cause for the late filing.
- Remanded (sent back)
The Board remanded the veteran's claims for service connection of cervical, lumbar, and thoracic spine conditions due to errors in the duty to assist.
- Granted
The Board has granted service connection for a thoracic spine condition and a lumbar spine condition, finding that the evidence is at least evenly balanced as to whether these conditions had their onset during active service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for thoracic spine disability and left middle finger injury due to insufficient medical opinions in previous decisions. The claims are being returned for further evaluation.
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