The Board denied the veteran's claims for higher ratings for cervical strain, lumbosacral strain, and COPD. The RO assigned noncompensable disability ratings initially in April 1998 and increased them to 10 percent effective August 23, 1997.
The deciding factor: The VA examinations did not show findings of ankylosis or muscle spasm that would warrant higher ratings under the amended rating criteria for diseases and injuries of the spine. The veteran's range of motion was within normal limits for his conditions.
- Claimed conditions
- Cervical strain, Lumbosacral strain, Chronic obstructive pulmonary disease (COPD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 27, 2006
- Citation
- 0605506
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
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