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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 19157697.
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: Granted
The Veteran's acquired psychiatric disorder is granted a 70% rating, effective July 15, 2024. The Veteran's GERD remains at a 10% rating.
- Whole decision: Granted
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- Whole decision: Remanded (sent back)
The Veteran's IBS with GERD was granted an initial 60 percent rating. The Board has remanded the issue of service connection for obstructive sleep apnea due to insufficient medical opinions and development.
- Whole decision: 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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