The VA denied the veteran's claim for an initial rating in excess of 10 percent for residuals of cervical C6-7 herniation, finding that prior to September 23, 2002, the disability was productive of no more than mild intervertebral disc syndrome. Between September 23, 2002, and September 25, 2003, it was productive of intervertebral disc syndrome with incapacitating episodes having a total duration of at least one week but less than two weeks during the past 12 months. From September 26, 2003, forward, it has been productive of intervertebral disc syndrome with specific range of motion findings.
The deciding factor: The VA found that the veteran's disability did not meet or approximate the criteria for a rating in excess of 10 percent under the applicable diagnostic codes due to the lack of evidence showing more than mild intervertebral disc syndrome, incapacitating episodes, or specific range of motion findings as required by the higher ratings.
- Claimed conditions
- Cervical disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- November 17, 2004
- Citation
- 0430533
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 0430533.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's tension headaches are rated at 50 percent, effective from the date of the decision. The Veteran's cervical disc herniation is granted a 20 percent rating until October 7, 2014.
- Remanded (sent back)
The Board has remanded the issues of increased ratings for cervical disc herniation and tension headaches, as well as a TDIU prior to October 16, 2012.
- Granted
The Veteran's cervical and lumbar spine conditions were found to have onset during active service, with the Board granting service connection for these disabilities.
- Granted
The Veteran's cervical spine disability was initially rated at 10 percent from May 6, 2004 to August 1, 2008 and increased to 20 percent since August 2, 2008. The rating is based on the severity of his symptoms as per VA criteria for spinal disorders.
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