The Board denied the veteran's claim for an initial rating in excess of 30 percent for his neck injury residuals, which were initially granted in February 1996.
The deciding factor: The schedular criteria prior to September 23, 2002 did not provide a basis for an increased rating as the veteran was already assigned a 30% evaluation under Diagnostic Code 5290.
- Claimed conditions
- neck injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 9, 2006
- Citation
- 0600694
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.
- Denied
The Board denied service connection for a neck injury, left shoulder injury, and low back injury as the evidence did not support that these conditions began during active service or are otherwise related to an in-service injury or disease.
- Dismissed
The Board dismissed the claims for service connection for flat feet, tinnitus, and a neck injury due to an improper concurrent election of administrative review options.
- Partly granted
The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.
- Partly granted
The Board granted readjudication of the claims for compensation benefits under 38 U.S.C. § 1151 for a neck injury, back injury, and traumatic brain injury due to new and relevant evidence being received, but denied the claims on their merits.
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