The Veteran's claims for increased ratings for his service-connected cervical spine disorder and stomach disorders were denied. The cervical spine disorder claim was partially granted, with a 30 percent disability rating assigned from February 18, 1971 to July 25, 1995, but the issue of entitlement to an initial evaluation in excess of 10 percent for the mechanical thoracic strain remains pending. The stomach disorder claim was denied.
The deciding factor: The Veteran's cervical spine disorder is presumed to have been incurred during service due to a pre-existing condition that was not aggravated by service, and thus no additional disability rating can be granted under Diagnostic Code 5285. For the stomach disorders, there is conflicting evidence regarding their etiology.
- Claimed conditions
- Cervical Spine Disorder, History of Gastric Erosions (Stomach and Intestine Problems)
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 9, 2009
- Citation
- 0913291
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 0913291.
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: Dismissed
The appeal for service connection for an acquired psychiatric disorder is dismissed as the Veteran was granted service connection effective from the date of his claim.,Service connection for bilateral tinnitus is denied.
- Whole decision: Granted
The Veteran's service-connected disabilities, including PTSD, left shoulder disorders, right shoulder disorder, cervical spine disorder, left ankle disorder, allergic rhinitis, and bilateral knee disorders, prevented him from securing or following substantially gainful employment consistent with his education and work history. The Board granted the TDIU claim based on these conditions.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to inadequate medical opinions provided in his VA examinations. The claims include tension headaches, a psychiatric disability (diagnosed as generalized anxiety disorder), a cervical spine disorder, hand tremors, a lumbosacral spine disorder, a gastrointestinal disorder, and residuals of a hydrocele.
- Whole decision: Dismissed
The appeal for PTSD is dismissed. The cervical spine and left middle finger disorders are remanded.
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