The Veteran's current osteoarthritis of the cervical spine, osteoarthritis of the lumbar spine, a seizure disorder, chronic obstructive pulmonary disease, and sinus problems were not incurred in or aggravated by his active duty military service.
The deciding factor: There is no evidence linking these conditions to any incident during service. The Veteran's current disorders are more likely related to post-service events.
- Claimed conditions
- Osteoarthritis of the cervical spine, Osteoarthritis of the lumbar spine, Seizure disorder, Chronic obstructive pulmonary disease, Sinus problems
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 20, 2009
- Citation
- 0906283
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0906283.
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 Veteran's seizure disorder is rated at 10 percent, and the Board finds that a higher rating is not warranted as he has not had any seizures in over two years.
- Whole decision: Denied
The Veteran's claim for an earlier effective date for a seizure disorder rating of 20 percent is denied as the evidence does not show that his condition increased in severity within one year after separation from service.
- Whole decision: Granted
The Veteran's service-connected disabilities, including PTSD, cervical spine disability, and seizure disorder, render him unable to secure and follow a substantially gainful occupation. Therefore, the Board has granted his TDIU application.
- Whole decision: Remanded (sent back)
The Veteran's death was caused by acute hypoxic respiratory failure and chronic obstructive pulmonary disease, with hypertension as a significant contributing factor. The Board finds that remand is necessary to obtain the Veteran's complete military records and treatment records.
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