The Board has determined that new and material evidence had not been submitted to reopen the veteran's claim of service connection for degenerative disc disease of the cervical spine. However, the case is being remanded due to procedural issues related to notification under the VCAA.
The deciding factor: Procedural errors in notifying the veteran about his rights under the Veterans Claims Assistance Act (VCAA) have been identified and require further action by the RO.
- Claimed conditions
- degenerative disc disease of the cervical spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 27, 2004
- Citation
- 0413664
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 0413664.
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.
- Granted
The Board granted disability ratings of 40 percent for right shoulder impingement syndrome, 30 percent for left shoulder impingement syndrome, rotator cuff tear, and acromioclavicular joint osteoarthritis, 30 percent for degenerative disc disease of the cervical spine, 40 percent for degenerative disc disease of the thoracolumbar spine, and 30 percent for right knee patellar chondromalacia with degenerative arthritis, but not higher.
- Denied
The Board denied entitlement to higher disability ratings for chronic sinusitis, low back disability, cervical spine disability, radiculopathy right upper extremity, and thoracolumbar spine scar. The Board also remanded service connection claims for left and right knee disabilities.
- Denied
The Board denied higher staged ratings for lumbar strain with degenerative arthritis and degenerative disc disease of the cervical spine, but granted an effective date of January 11, 2017, for special monthly compensation under 38 U.S.C. § 1114(s).
- Remanded (sent back)
The Board remands the claims for service connection for lumbosacral strain, degenerative disc disease of the cervical spine, and residuals of hysterectomy to obtain additional medical opinions.
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