The VA denied the veteran's claims for increased evaluations for his cervical and thoracic spine disabilities, as they do not meet the criteria for a higher rating under the applicable diagnostic codes.
The deciding factor: The veteran's disability of the cervical spine does not result in ankylosis or incapacitating episodes having a total duration of at least 6 weeks in a 12-month period and does not require the use of long leg braces or neck brace, thus preventing him from meeting the criteria for higher ratings.
- Claimed conditions
- osteoarthritis due to trauma (old compression fracture) of the cervical spine, compression fracture, thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 25, 2006
- Citation
- 0621993
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 0621993.
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.
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- Denied
The Board denied the claim for service connection for the cause of the Veteran's death, finding that his service-connected disabilities did not contribute to his death and were not related to any other condition.
- Dismissed
The Veteran's appeal for a rating in excess of 40 percent for his back disability as of January 18, 2016 is dismissed. The Veteran's claim for an initial rating of 40 percent for the service-connected back disability is granted. The Veteran's claim for a rating in excess of 10 percent for his left knee disability is remanded.
- Denied
The Board has determined that the veteran does not have a current diagnosis of low back disability and therefore cannot establish service connection for this condition. The claim for an increased rating for thoracic spine disability is denied as there is no evidence of unfavorable ankylosis or intervertebral disc syndrome.
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