The Veteran's claims for increased ratings for thoracic spine fracture and scoliosis with arthritis, as well as right lower extremity radiculopathy prior to June 22, 2023, were denied. However, a 20% rating was granted effective June 22, 2023, for the right lower extremity radiculopathy.
The deciding factor: The Veteran's thoracic spine fracture and scoliosis with arthritis did not meet the criteria for higher ratings under VA regulations due to lack of evidence showing more severe impairment than what was already assigned. The right lower extremity radiculopathy met the criteria for a 20% rating effective June 22, 2023.
- Claimed conditions
- Thoracic spine fracture, Scoliosis with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2024
- Citation
- 24006672
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 24006672.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's increased rating claim for his thoracic spine disability prior to March 11, 2014, was denied. The claim for a TDIU was also denied.
- Remanded (sent back)
The Board has determined that further development is required for the Veteran's claims of service connection for an acquired psychiatric disorder, a thoracic spine fracture, and neck cervical spondylosis with degenerative disc disease. The case is REMANDED to obtain additional evidence, schedule VA examinations, and readjudicate the issues.
- Granted
The veteran's residuals of a thoracic spine fracture are rated at 60 percent, effective from the date of the June 1998 VA examination. The issue of service connection for PTSD and multiple disorders is referred back to the RO.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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