The Veteran's appeal for a higher rating for thoracolumbar strain with degenerative arthritis of the thoracic spine was denied, while he received a 10 percent evaluation for left hamstring strain.
The deciding factor: The VA examiner found that the Veteran did not have signs or symptoms attributable to any muscle injuries and thus could not meet the criteria for a moderate disability rating under Diagnostic Code 5313.
- Claimed conditions
- thoracolumbar strain with degenerative arthritis of the thoracic spine, left hamstring strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 25, 2024
- Citation
- A24060895
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 A24060895.
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.
- Granted
The Veteran's rating for left hamstring strain was reduced from 40 percent to 10 percent, but the reduction is void ab initio due to failure to provide a predetermination hearing. The rating has been restored to 40 percent effective March 1, 2020.
- Partly granted
The Board denied an increased rating for the left ear scar and granted a separate 10 percent rating for pain, while denying service connection for several conditions including left hamstring strain.
- Partly granted
The Board denied service connection for a broken nose, deviated septum, low back disability, left foot numbness, right foot numbness, sinus disability, left elbow and forearm disability, left knee disability, and right shoulder strain. Service connection was granted for gastroesophageal reflux disease (GERD) and left hamstring strain. The Board also denied an initial evaluation in excess of 70 percent for posttraumatic stress disorder with residuals of a traumatic brain injury, an initial evaluation in excess of 30 percent for migraine headaches, an initial evaluation in excess of 20 percent for fibromyalgia, and an evaluation in excess of 20 percent for irritable bowel syndrome with diarrhea. The Board denied a total disability rating based on individual unemployability as a result of service-connected disabilities prior to December 1, 2023.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding whether service-connected disabilities caused obesity or aggravated it, and if obesity was a substantial factor in causing OSA.
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