The Board denied the veteran's claims for increased ratings for his service-connected low back and cervical spine disabilities, finding that the evidence did not support a higher evaluation under the applicable rating criteria.
The deciding factor: The evidence of record did not show functional loss or other symptoms that would warrant a higher disability rating for either the low back or cervical spine conditions.
- Claimed conditions
- low back arthritis, residuals of cervical spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 14, 2008
- Citation
- 0815837
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.
- Granted
The veteran is granted an effective date of August 5, 2021 for a total disability rating due to individual unemployability (TDIU) based on service-connected disabilities.
- Granted
The Board granted service connection for the veteran's left knee arthritis, low back arthritis, and right wrist arthritis. The veteran's claims were based on injuries sustained during active duty.
- Partly granted
The appeal for clear and unmistakable error (CUE) in the December 1954 rating decision was denied, as were claims for an earlier effective date, service connection for residuals of cervical spine injury, and service connection for bilateral hallux valgus. Service connection for bilateral hammertoes was granted.
- Denied
The Board denied the Veteran's claim for service connection of a low back disability, finding that there was no evidence of an in-service injury or disease and no continuity of symptoms since separation. The Board also found that the arthritis did not have onset during active service or within the presumptive period following service.
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