The Veteran's claims for increased ratings were denied as her conditions did not meet the criteria for a higher rating under the applicable diagnostic codes.
The deciding factor: The Veteran's cervical spine limitation of motion was found to be moderate, with no incapacitating episodes requiring bed rest prescribed by a physician and treatment by a physician in the past 12 months. No neural compression, nerve root abnormality, or radiculopathy associated with the cervical spine were noted.
- Claimed conditions
- chronic lumbar strain, DDD of the cervical spine, minimal degenerative changes of the thoracic spine, post-concussive syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 30, 2011
- Citation
- 1136868
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 1136868.
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.
- Granted
The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation.
- Remanded (sent back)
The Board has denied service connection for right lower extremity radiculopathy and a rating in excess of 10 percent for chronic lumbar strain. The claims for migraines and Meniere's disease are remanded.
- Denied
The Board has readjudicated the claim for service connection for chronic lumbar strain due to new evidence submitted after the prior final denial. However, it was determined that the Veteran's current condition is not related to service because his actions leading to the injury were considered willful misconduct.
- Remanded (sent back)
The Veteran's claim for service connection for mini strokes is being remanded due to a duty to assist error. The Board requests an addendum opinion to address the etiology of his mini strokes, including his in-service motor vehicle accidents and post-accident diagnoses.
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