The Veteran's low back and cervical spine disabilities do not meet the criteria for ratings in excess of 60 percent and 20 percent, respectively.
The deciding factor: The evidence does not support findings of unfavorable ankylosis or other severe impairment that would warrant higher ratings under applicable criteria.
- Claimed conditions
- Degenerative joint and disc disease of the lumbar spine (low back disability), Cervical strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 23, 2009
- Citation
- 0906595
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.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, as the evidence did not show that his service-connected disabilities alone were of such nature and severity to preclude him from securing or following substantially gainful employment.
- Partly granted
The Board granted the restoration of a 20 percent rating for cervical strain from October 1, 2024, and denied compensable ratings for bilateral hearing loss, scars on both knees, upper extremity radiculopathies, and service connection for wrist disorders.
- Partly granted
The Board denied service connection for bilateral hearing loss and an initial compensable rating for hemorrhoids. However, the Veteran was granted a 50% rating prior to June 12, 2024, and a 100% rating from that date forward for his acquired psychiatric disability.
- Denied
The Board denied the Veteran's claims for increased ratings for cervical strain and right upper extremity radiculopathy, and remanded claims for an initial rating in excess of 10 percent for a right wrist sprain and service connection for a lumbosacral strain.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.