The Board denied the veteran's claims for increased ratings for his cervical spine, thoracolumbar spine, and left lower extremity disabilities. The VA examinations showed limited motion in both the cervical and lumbar spines, but no evidence of muscle spasms or abnormal spinal contours resulting in an abnormal gait.
The deciding factor: The range of motion findings did not meet the criteria for a higher rating under the applicable diagnostic codes (DCs) 5242, 5237, and 8520. The VA examinations showed no evidence of muscle spasms or abnormal spinal contours resulting in an abnormal gait.
- Claimed conditions
- Cervical spine trauma with fusion, degenerative arthritis and degenerative disc disease, Thoracolumbar spine impairment with probable degenerative disc disease at L5-S1, Reduced sensation in the left lower extremity associated with cervical spine trauma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 31, 2007
- Citation
- 0740949
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. Search VA.gov for the original decision (opens in a new tab) using citation 0740949.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
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