The veteran's service-connected cervical spine disability has been rated based on the criteria for degenerative disc disease and related radiculopathy. The appeals for higher ratings have not met the established criteria under the current rating schedule.
The deciding factor: The veteran's symptoms, while reported as severe, do not meet or exceed the criteria set forth in the applicable diagnostic codes for intervertebral disc syndrome, peripheral nerve injuries, migraine headaches, and limitation of motion of the cervical spine.
- Claimed conditions
- Degenerative disc disease of the cervical spine with right arm radiculopathy and headaches, Neuralgia, right upper radicular group, Muscle contraction headaches, Limitation of motion of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 13, 2003
- Citation
- 0302866
Veterans Law Judge
Decisions by this judge: 499 · Granted: 18% (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 0302866.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claims for increased ratings were denied. He was granted a 50% rating for chronic sinusitis from November 20, 2017 onwards and a 10% rating for GERD throughout the appeal period. His claim for muscle contraction headaches prior to January 15, 2019, was also granted a 30% rating. However, his right ring finger status post fracture claim was denied.
- Denied
The Veteran's service-connected disabilities did not necessitate the need for regular aid and attendance or housebound status, as he could manage his daily activities with assistance from his wife.
- Remanded (sent back)
The Veteran's appeal is remanded due to insufficient evidence regarding the service connection for his cervical spine condition. The Board requests additional medical records and a new VA examination.
- Partly granted
The Veteran's muscle contraction headaches were rated at 30% prior to March 9, 2011 and at 50% thereafter. The rating for residuals of arthroplasty of the left second toe is unknown.
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