The Veteran's service-connected cervical spine and thoracic/lumbar spine disabilities were evaluated, but the claims for higher ratings were denied as they did not meet the criteria under the applicable rating schedule.
The deciding factor: The Veteran's spinal conditions did not meet the criteria for a higher evaluation based on the current rating criteria for musculoskeletal disabilities of the spine.
- Claimed conditions
- Cervical Spine Injury, Herniated Nucleus Pulposus T3-4 with Thoracic Syndrome, Cervical Radiculopathy of the Right Upper Extremity, C5-6, C4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 30, 2010
- Citation
- 1016075
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. Read the original VA decision (opens in a new tab) using citation 1016075.
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: Remanded (sent back)
The Board has denied service connection for hearing loss and remanded the issues of right ankle injury pain, laceration left side of head, cervical spine injury, and lumbar spine injury due to a lack of current disability evidence and duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for bilateral eye scars, cervical spine injury, left knee injury, right knee injury, lumbar spine injury, and right hip injury due to inadequate examinations.
- Whole decision: Dismissed
The Veteran's appeal for an increased rating of TBI has been dismissed. The Board has also remanded the issues regarding service connection for a cervical spine injury and radiculopathy of the upper extremities, as these claims require further development.
- Whole decision: Granted
The Board has reopened the Veteran's claim for service connection for type II diabetes mellitus and granted service connection for an acquired psychiatric disorder, migraine headaches, sleep apnea, tinnitus, cervical spine injury, lumbar spine condition, peripheral neuropathy of the bilateral upper extremities, peripheral neuropathy of the bilateral lower extremities, heart condition, prostate condition, left foot condition, right foot condition, and seizure disorder. The Veteran's claim for service connection for type II diabetes mellitus is granted.
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.