The veteran's cervical spine disorder is rated at 30 percent, the maximum for a non-ankylosed cervical spine. The dorsal spine and occipital neurectomy disorders are each rated at 10 percent.
The deciding factor: The veteran's service-connected conditions do not meet criteria for higher ratings under either the old or new rating criteria due to lack of ankylosis in the cervical spine, favorable ankylosis in the dorsal spine, or aggravation of a pre-existing condition.
- Claimed conditions
- Cervical Spine Pain, Musculoligamentous Strain of Upper Dorsal Region (DJD), Headaches (Occipital Neuralgia), Right Occipital Neurectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- September 27, 2005
- Citation
- 0526456
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 0526456.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for right leg, back, shoulder, and neck disabilities due to new evidence received since the last final denial. The claims are now pending for further examination and determination.
- Granted
The Veteran's GERD and cervical spine pain are granted service connection. The bilateral foot disability, right shoulder, knee, and ankle scars, and right upper extremity carpal tunnel syndrome are all granted initial ratings of 30 percent.
- Granted
The Board has granted a 30 percent rating for the Veteran's cervical spine disability beginning August 1, 2017. The evidence is in relative equipoise as to whether the Veteran’s cervical spine disability warrants an initial increased rating exceeding 20 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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