The claim for service connection for cervical spine osteoarthritis was not reopened as new and material evidence was not submitted. The veteran's lumbar spine disability did not meet the criteria for a higher rating.
The deciding factor: The evidence did not raise a reasonable possibility of substantiating the claim for service connection for a cervical spine disability, and the veteran's lumbar spine disability did not meet the criteria for a higher rating based on the range of motion and other factors considered under the applicable diagnostic codes.
- Claimed conditions
- cervical spine osteoarthritis, osteoaarthritis of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 24, 2009
- Citation
- 0910964
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 service connection for a cervical spine disability, finding that the evidence did not support an in-service injury or disease and that there was no chronicity of symptoms during service. The Veteran's current condition is not related to his service-connected left shoulder disability.
- Granted
The Board granted service connection for multiple osteoarthritis conditions, headaches, an acquired psychiatric disorder, diabetes mellitus, sleep apnea, and gout based on the evidence showing a relationship to the Veteran's active duty service.
- Remanded (sent back)
The Board remands the claims for further development and to ensure compliance with the Court's holdings in Correia and Sharp.
- Partly granted
The Veteran was granted an initial 10 percent rating for chronic left knee strain, and separate 10 percent ratings were assigned for cervical and lumbar spine osteoarthritis. The claims for increased ratings for tinnitus, bilateral hearing loss, and the remaining spinal conditions were denied.
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