The Veteran's application to reopen the claim of entitlement to service connection for a neck condition was denied. The Veteran's claim for an increased rating for his lumbar spine disability was also denied, with the Board finding that there were no incapacitating episodes and that the degree of additional limitation due to pain did not result in forward flexion limited to 30 degrees or less.
The deciding factor: The preponderance of the evidence is against a higher rating for the lumbar spine disability based on both the General Rating Formula for Diseases and Injuries of the Spine and the Formula for Rating IVDS Based on Incapacitating Episodes. The Veteran's lay reports of symptoms were considered, but did not result in limitation of motion more nearly approximating forward flexion to 30 degrees or less.
- Claimed conditions
- neck condition, lumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 27, 2019
- Citation
- 19150313
Veterans Law Judge
Decisions by this judge: 2,020 · Granted: 19% (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 19150313.
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: Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Whole decision: Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Whole decision: Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
- Whole decision: Granted
The Board granted service connection for a lumbar spine disability related to military service, and for left and right leg radiculopathy secondary to that lumbar disability.
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