The Board has vacated its December 30, 2008 decision and denied increased disability evaluations for cervical, thoracic, and lumbar spine disabilities. Service connection was not established for bilateral hearing loss, tinnitus, vertigo, or a duodenal ulcer as secondary to service-connected anxiety disorder.
The deciding factor: The new evidence submitted by the Veteran did not meet the criteria for higher ratings under any applicable diagnostic codes due to lack of incapacitating episodes and functional limitations.
- Claimed conditions
- Cervical Spine Disability, Thoracic Spine Disability, Lumbar Spine Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 11, 2010
- Citation
- 1001723
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 1001723.
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 the Veteran's claim for a total disability rating based upon individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's appeal for a higher rating for his lumbar spine disability, both before and after November 8, 2024.
- Remanded (sent back)
The Board remands the claims for service connection for GERD, OSA, a cervical spine disability, and a thyroid disability to obtain an adequate medical opinion.
- Denied
The Board denied the Veteran's claim for special monthly compensation based on the need for aid and attendance due to his service-connected disabilities, including bipolar disorder.
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