The Board denied the Veteran's claims for increased ratings and service connection, finding that the evidence did not support higher ratings or service connection.
The deciding factor: The criteria for evaluating disabilities of the spine were revised during the pendency of this appeal. Under the former criteria, the Veteran is already in receipt of the maximum scheduler ratings based upon limitation of motion of the cervical and thoracic spines. The competent medical evidence indicates moderate limitation of motion of the service-connected lumbar spine disorder.
- Claimed conditions
- degenerative disc disease of the cervical spine, residuals of an injury to the thoracic spine, degenerative joint disease of the lumbosacral spine, disability of the right elbow
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 12, 2009
- Citation
- 0909295
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 Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Granted
The Board granted a 40 percent disability rating for the Veteran's low back disorder, effective March 31, 2019.
- Denied
The Board denied entitlement to higher disability ratings for chronic sinusitis, low back disability, cervical spine disability, radiculopathy right upper extremity, and thoracolumbar spine scar. The Board also remanded service connection claims for left and right knee disabilities.
- Partly granted
The Board granted service connection for bilateral foot, cervical spine, and bilateral hip disabilities but denied service connection for an eye disability, OSA, a sinus disability, and a nail condition. The Board also denied an increased rating for hearing loss and dismissed the TDIU claim.
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.