The Board denied the Veteran's claims for service connection for a cervical spine disability and an initial evaluation in excess of 20 percent prior to October 28, 2016, and in excess of 40 percent from that date, for lumbar spine degenerative arthritis with disc syndrome. The claim for service connection was denied due to lack of evidence showing the onset or aggravation of a cervical spine disability during service.
The deciding factor: The Board found no credible evidence linking the Veteran's current cervical spine disability to his military service and concluded that it did not meet the criteria for service connection under the General Rating Formula for Diseases and Injuries of the Spine. For the lumbar spine degenerative arthritis with disc syndrome, the Board determined that the Veteran had forward flexion limited to 10 degrees active and 15 degrees passive, which does not meet the criteria for a higher rating.
- Claimed conditions
- cervical spine disability, lumbar spine degenerative arthritis with disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 27, 2019
- Citation
- 19123324
Veterans Law Judge
Decisions by this judge: 2,316 · Granted: 43% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 19123324.
What this means for you
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The Board has decided to remand the claims for service connection for cervical and thoracolumbar spine disabilities due to a predecisional duty to assist error. The Veteran's past medical history needs to be considered in the new examination.
- Remanded (sent back)
The Board has remanded the Veteran's claims for sleep apnea and cervical spine disability due to potential service connection issues related to obesity, service-connected disabilities, and other factors.
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