The Veteran's initial ratings for degenerative joint disease of the cervical spine and thoracolumbar spine have been denied as they do not meet the criteria for a higher rating.,The Veteran's COPD has been granted an initial compensable rating, but GERD remains rated at 10 percent.
The deciding factor: The VA examinations did not show forward flexion of the cervical spine or thoracolumbar spine to be less than 30 degrees, and the combined range of motion was greater than 170 degrees for both. There were no findings of ankylosis, guarding, or spasm severe enough to result in abnormal gait or spinal contour.,The Veteran's GERD symptoms have been consistent with heartburn, regurgitation, and indigestion without persistent epigastric distress, substernal pain, or productive cough. The COPD has not shown significant impairment as evidenced by normal pulmonary function tests.
- Claimed conditions
- Degenerative Joint Disease of Cervical Spine, Degenerative Joint Disease of Thoracolumbar Spine, Chronic Obstructive Pulmonary Disease (COPD), Gastroesophageal Reflux Disease (GERD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 25, 2019
- Citation
- 19157697
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 19157697.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
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- Remanded (sent back)
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- Remanded (sent back)
The Board has decided to remand the claim of service connection for COPD due to duty-to-assist errors and a need for a supplemental medical opinion.
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