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
- Not verified here — check the original decision
- Decision date
- March 12, 2009
- Citation
- 0909295
Veterans Law Judge
Decisions by this judge: 493 · Granted: 28% (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 0909295.
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: Remanded (sent back)
The Veteran's tinnitus and bilateral hearing loss are granted as service-connected. The Veteran's cervical spine disability is remanded for further examination to determine the current severity of his condition.
- Whole decision: Granted
The Veteran's service-connected disabilities require regular aid and attendance, which grants entitlement to special monthly compensation based on aid and attendance. The issue of entitlement to special monthly compensation at a housebound rate is moot due to the grant of aid and attendance.
- Whole decision: Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Whole decision: Remanded (sent back)
The Veteran's claims for increased ratings for right foot plantar fasciitis, cervical spine degenerative disc disease, and left ankle fracture residuals are being remanded due to the need to obtain Social Security Administration (SSA) records.
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