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 assigned
- None in this 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0913291.
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.
- 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.
- 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.
- 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.
- Dismissed
The appeal for PTSD is dismissed. The cervical spine and left middle finger disorders are remanded.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.