The veteran's chronic cervical musculoligamentous strain was rated at 30 percent for the period on and after July 22, 2008, but higher evaluations were not warranted. The right thoracic scoliosis did not meet criteria for a rating in excess of 40 percent.
The deciding factor: The veteran's cervical spine range of motion was severely limited, warranting a 30 percent evaluation under the old criteria; however, no additional functional loss or ankylosis was shown to support a higher rating. The thoracic scoliosis did not meet the criteria for a 40 percent rating.
- Claimed conditions
- chronic cervical musculoligamentous strain, right thoracic scoliosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 12, 2009
- Citation
- 0905247
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (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 0905247.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
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 claims for initial evaluations in excess of 20 percent for right thoracic scoliosis and chronic cervical musculoligamentous strain are being remanded for further development.
- Denied
The Board denied the veteran's claims for service connection for a chronic disease of the digestive system and an increased rating for right thoracic scoliosis, finding no evidence of current disabilities or service connection.
- 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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