The Veteran's cervical spondylosis with osteophytes and radiculopathy was found to have its onset in service, granted a rating of 10 percent for sinusitis with headaches and nosebleeds, and denied an increased rating for his psychiatric disorder.
The deciding factor: The VA examiner acknowledged that the Veteran's cervical spine disability did not appear related to Gulf War exposure, thus resolving any presumption under Persian Gulf Veterans' provisions.
- Claimed conditions
- bilateral foot disabilities, vertigo, cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 19, 2009
- Citation
- 0923258
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 0923258.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Denied
The Board denied the Veteran's claims for service connection for vertigo and a total disability rating based on individual unemployability (TDIU) due to insufficient evidence linking his current condition to active service or any incident of service.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Partly granted
The Board granted a restoration of the separate 10 percent rating for vertigo, an earlier effective date for service connection for vertigo and migraines, and a 30 percent rating for hypothyroidism with heart murmur. The decision also denied an earlier effective date for hypertension and remanded claims for obesity, obstructive sleep apnea, and individual unemployability.
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