The Veteran's COPD was not incurred in or aggravated by service, and the Board denied service connection for this condition.,For the whole period on appeal, radiculopathy caused moderate incomplete paralysis of both upper extremities. The Veteran received a rating of 40 percent prior to March 5, 2019 for right upper extremity radiculopathy and a rating of 30 percent after that date for left upper extremity radiculopathy.,The Veteran's cervical spine disability was rated as 10 percent before March 5, 2019 and 30 percent thereafter. The Board found no evidence to warrant higher ratings based on the severity of symptoms.,Migraine headaches were not manifested by very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.
The deciding factor: The Veteran's COPD was not linked to service, as there is no evidence of its onset during or shortly after service. The Board found that the Veteran did not provide credible arguments for a different outcome.,Radiculopathy caused moderate incomplete paralysis in both upper extremities, warranting ratings of 40 percent and 30 percent respectively. There was no evidence to support higher ratings based on severity of symptoms.,The cervical spine disability had flexion limited to 35 degrees with combined range of motion at 260 degrees without severe gait or spinal contour issues. The Board found that the Veteran's disability did not meet criteria for a higher rating as it did not cause severe incomplete paralysis or complete paralysis.,Migraine headaches were not manifested by very frequent completely prostrating and prolonged attacks, thus not meeting the criteria for a higher rating.
- Claimed conditions
- Chronic obstructive pulmonary disease (COPD), Radiculopathy, right upper extremity, Radiculopathy, left upper extremity, Degenerative arthritis of the cervical spine with spinal stenosis, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 27, 2019
- Citation
- 19166577
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 19166577.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Partly granted
The Board granted readjudication of previously denied claims for service connection for PTSD and COPD, while remanding other issues including entitlement to service connection for an eye disorder, hypertension, tinnitus, a compensable rating for bilateral hearing loss, TDIU, and an initial rating for PTSD.
- Denied
The appeal for service connection for PTSD was dismissed, and the claims for a compensable rating for the lower back scar, service connection for COPD, and peripheral artery disease were denied.
- Denied
The Board denied the veteran's claims for service connection for PTSD, COPD, a gastrointestinal disability, and migraines due to lack of evidence supporting a link between these conditions and her military service.
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