The Board found the Veteran's lumbar and cervical spine conditions did not warrant a rating in excess of 10 percent prior to March 2012, as his range of motion was within functional limits.
The deciding factor: The Veteran's range of motion testing showed flexion limited to 75 degrees for the thoracolumbar spine and 40 degrees for the cervical spine, which did not meet the criteria for a higher rating under Diagnostic Code 5240.
- Claimed conditions
- spondylosis, lumbar spine, spondylosis, cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 12, 2013
- Citation
- 1319127
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 1319127.
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.
- Remanded (sent back)
The Board has remanded the case due to noncompliance with prior remand instructions, specifically regarding obtaining a medical nexus opinion from a physician rather than a nurse practitioner.
- Partly granted
The Veteran's claims for service connection were denied due to lack of evidence. The claim for degenerative disc disease, lumbar spine was reopened and granted. The claims for spondylosis, cervical spine and status-post injury, left upper extremity remain denied.
- Partly granted
The Veteran's claim for service connection for spondylosis, lumbar spine was denied. The claims for hypertension and hepatitis C are remanded.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for various disabilities, including neck injury, face and nose injuries with sinus problems, headaches, numbness in fingers, and numbness in feet. The reasons are that the VA examination was inadequate and new examinations are required to determine the etiology of these conditions.
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