The petition to reopen the previously denied claim for service connection for thoracic spine disability is denied. Initial compensable ratings are denied for erectile dysfunction and headaches, and effective dates prior to August 31, 2010 are denied for cervical spine disability, ED, and headaches.
The deciding factor: No new and material evidence was submitted to reopen the claim for service connection for thoracic spine disability. The Veteran's claims for initial compensable ratings for erectile dysfunction and headaches were not supported by medical evidence showing specific conditions or symptoms warranting such a rating. Effective dates prior to August 31, 2010 were denied as there was no informal or formal claim or written intent to file a claim in these matters prior to that date.
- Claimed conditions
- Thoracic spine disability, Cervical spine disability, Erectile dysfunction (ED), Headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 16, 2019
- Citation
- 19104157
Veterans Law Judge
Decisions by this judge: 1,902 · Granted: 11% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19104157.
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: Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for bladder cancer, erectile dysfunction, and gouty arthropathy due to outstanding VA treatment records not being obtained. The Veteran's request for a referral to a urologist for ED is also remanded. A VA medical opinion is needed regarding the relationship between the Veteran's gouty arthropathy and his service-connected conditions.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
- Whole decision: Granted
The Veteran's OSA is granted as secondary to PTSD, but his headaches are denied due to lack of service connection.
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.