The Board denied the veteran's claim for an evaluation in excess of 30 percent for his cervical spine disability, finding that from February 23, 2001 to September 26, 2003, his disability was manifested by moderate limitation of motion and muscle spasm. The Board concluded that these symptoms did not warrant a rating higher than the current 30 percent evaluation.
The deciding factor: The veteran's cervical spine disability was found to have been manifested by moderate limitation of motion with no electrodiagnostic evidence of radiculopathy, which did not meet the criteria for an increased evaluation.
- Claimed conditions
- herniated nucleus pulposus, degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 9, 2006
- Citation
- 0603859
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 Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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