The Board has granted a 20 percent rating for the veteran's residuals of right medial malleolus fracture with internal fixation. Regarding his cervical spine disorder, the evidence is in equipoise and thus favorable to granting service connection.
The deciding factor: The medical evidence is equally divided on whether the veteran's current osteoarthritis of the cervical spine was caused by in-service injuries.
- Claimed conditions
- osteoarthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 17, 2004
- Citation
- 0406996
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (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 0406996.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran withdrew all pending claims and appeals, resulting in the dismissal of these matters.
- Remanded (sent back)
The Board remanded the appeal to review all evidence and issue a new statement of the case.
- Granted
The Veteran's service-connected disabilities require the need for regular aid and attendance, which has been granted special monthly compensation based on aid and attendance.
- Remanded (sent back)
The Veteran's appeal for a higher rating for his cervical spine disability, right shoulder disability, and migraine headaches has been dismissed.,The Veteran's service-connected lumbar spine disability is rated at no more than 20 percent from June 1, 2014 to November 24, 2020.
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