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
Veterans Law Judge
Decisions by this judge: 1,911 · Granted: 10% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for a higher rating for his service-connected compression fracture of the thoracic spine is being remanded due to the need for additional VA medical records and further development.
- Dismissed
The Veteran's appeal has been withdrawn, and the case is dismissed.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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