The Board has determined that the veteran's service-connected cervical spine disability does not warrant a rating in excess of 40 percent, as it does not meet the criteria for a higher evaluation based on ankylosis or severe intervertebral disc syndrome. The chronic gastritis is also rated at its maximum allowable under VA regulations.
The deciding factor: The veteran's service-connected cervical spine disability has been evaluated as 40 percent disabling since September 1996, reflecting the severity of his symptoms including pain, limitation of motion, muscle spasm, and radiculopathy. The current rating criteria do not support a higher evaluation due to lack of persistent symptoms compatible with neuropathy or neurologic findings appropriate to site of diseased disc.
- Claimed conditions
- Hypertrophic degenerative joint disease, cervical spine with discogenic disease, 6th cervical intervertebral space with radiculopathy and unfavorable ankylosis, Chronic gastritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 6, 2002
- Citation
- 0211519
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. Search VA.gov for the original decision (opens in a new tab) using citation 0211519.
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.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Remanded (sent back)
The Board has found conflicting medical evidence regarding the nature and etiology of the Veteran's claimed digestive disorder. The case is being remanded to obtain an addendum opinion from a VA examiner.
- Remanded (sent back)
The Board has remanded the case for additional development due to issues related to service connection for a gastrointestinal disability, including as secondary to arteriovenous malformation (AVM) with repair. The Veteran's claim will be reconsidered based on new evidence and an updated medical opinion.
- Granted
The Veteran's acquired psychiatric disorder is granted as secondary to service-connected asthma, left great toe disability, and chronic gastritis. The effective dates for the grants of service connection for left foot scar and inguinal scars are set at June 18, 2012. A higher rating is granted for left great toe MP joint arthrodesis with early arthritic changes and bronchial asthma.
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