The Veteran's claim for an increased rating for cervical spine disability was denied, as the evidence did not show forward flexion of the cervical spine to 15 degrees or less at any point during the appeal period.,The Veteran's COPD was rated noncompensably disabling prior to May 3, 2017, and 10 percent thereafter. The Board found no basis for an increased rating.
The deciding factor: The evidence did not show forward flexion of the cervical spine to 15 degrees or less at any point during the appeal period.,PFT results were used in evaluating COPD, and there was no disparity between pre-bronchodilator and post-bronchodilator results.
- Claimed conditions
- Degenerative disc disease of the cervical spine, Chronic obstructive pulmonary disease (COPD), Posttraumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 21, 2019
- Citation
- 19139444
Veterans Law Judge
Decisions by this judge: 1,037 · Granted: 21% (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 19139444.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Denied
The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence linking his myocardial infarction and COPD to his military service.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Denied
The Board has denied service connection for bladder cancer, gastroesophageal reflux disease (GERD), and chronic obstructive pulmonary disease (COPD) as there is no evidence to support a link between these conditions and the Veteran's military service.
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