The veteran's claim for service connection for a throat disorder is denied as there is no medical evidence of current throat disability.,The veteran's claim for an initial compensable evaluation for right eustachian tube dysfunction is denied as the condition does not meet the criteria for such evaluation under VA rating criteria.,The veteran's claim for an initial rating higher than 10 percent for degenerative disc disease of the lumbar spine, status post fusion, is denied as the disability does not meet the criteria for a higher rating.
The deciding factor: There is no medical evidence that the veteran currently has a throat disorder.,The right eustachian tube dysfunction manifests only with pain and hearing muffled sounds without any hearing loss. The condition does not warrant a compensable evaluation under VA rating criteria.,The lumbar spine disability, which pre-existed service and underwent aggravation during service, results in forward flexion of the thoracolumbar spine greater than 60 degrees but less than 85 degrees, combined range of motion greater than 120 degrees, and no muscle spasm or localized tenderness resulting in abnormal gait or spinal contour. The disability does not meet the criteria for a higher rating.
- Claimed conditions
- Throat Disorder, Right Eustachian Tube Dysfunction, Degenerative Disc Disease of the Lumbar Spine, Status Post Fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 15, 2008
- Citation
- 0831317
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 0831317.
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).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied reopening the claims for depressive disorder, impotence, lower right waist disorder, and throat disorder due to lack of new and material evidence. The Veteran's assertions were not sufficient to establish a nexus between his conditions and service.
- Whole decision: Partly granted
The Veteran's claims for PTSD and dental disorders have been reopened, but service connection has not been established. The throat and sleep disorder claims remain unresolved.
- Whole decision: Partly granted
The Veteran's claims for service connection for bladder cancer and a throat disorder to include chronic cough have been reopened. However, the evidence does not establish that these conditions are related to active service or any exposure basis.
- Whole decision: Denied
The Board denied the veteran's claims for service connection for a throat condition, hypertension, heart condition, and seizure disorder due to exposure to herbicides. The veteran does not have a current disability from a throat disorder other than the one already service-connected. Evidence received since previous denials is found to be duplicative or cumulative of evidence previously considered. No new and material evidence was submitted to reopen claims for hypertension, heart condition, and seizure disorder. The veteran's four noncompensable service connected disabilities do not make him eligible for special monthly compensation based on the need for aid and attendance.
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