The Board denied the Veteran's claims for increased disability ratings for his thoracic and cervical spine strains, allergic rhinitis, urinary outlet obstruction with prostatitis history, right ankle strain, left ankle strain, and chronic allergic pruritis and dermatographism. The evidence did not support evaluations in excess of 20 percent for these conditions.
The deciding factor: The Veteran's thoracic and cervical spine strains were productive of no more than forward flexion to 40 degrees at his February 2005 VA examination, with extension to 30 degrees. At his March 2009 VA examination, he had forward flexion to 75 degrees, with extension to 25 degrees and lateral flexion and rotation to 30 degrees, bilaterally. There was no finding of favorable or unfavorable ankylosis of the entire thoracolumbar spine.
- Claimed conditions
- Thoracic spine strain, Cervical spine strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 3, 2010
- Citation
- 1033230
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 1033230.
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 decided to remand the Veteran's claim of service connection for a neck disorder, as it is insufficiently addressed in the previous decision. The case will be sent back for an addendum opinion.
- Whole decision: Granted
The Board has granted service connection for cervical spine strain, right wrist sprain, right knee strain, left knee strain, and right ankle strain. The disabilities are all deemed to have begun during the Veteran's active duty.
- Whole decision: Denied
The Veteran's cervical spine disability and right upper extremity radiculopathy were denied increased evaluations. The TDIU claim was also denied prior to August 20, 2013.
- Whole decision: Granted
The Board has granted a 20 percent rating for the Veteran's cervical spine strain from October 24, 2011. The effective date is set at that time.
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.