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Denied

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 assigned
None in this decision
Decision date
June 27, 2019
Citation
19150313

Veterans Law Judge

MICHAEL E. KILCOYNE

Decisions by this judge: 2,020 · Granted: 19% (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 19150313.

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