The VA denied an increased rating for the veteran's cervical spine disability, which was currently evaluated at 30 percent. The appeal is based on the veteran's claim for a higher rating.
The deciding factor: The VA found that the veteran's cervical spine disability did not warrant a rating above 30 percent due to its orthopedic manifestations and mild neurogenic injury affecting the nerve root in each arm, which warranted separate evaluations of 10 percent each under Diagnostic Code 5243.
- Claimed conditions
- Cervical neck disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- February 24, 2006
- Citation
- 0605407
Veterans Law Judge
Decisions by this judge: 1,514 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0605407.
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 bilateral hearing loss, a cervical neck disability, fatigue as due to an undiagnosed illness, constant cough, mucus in the nose, itchy and irritated nose and throat (claimed as rhinitis) as due to an undiagnosed illness, constant cough, mucus in the nose, itchy and irritated nose and throat (claimed as sinusitis) as due to an undiagnosed illness, and an acquired psychiatric disorder to include anxiety and depression.
- Partly granted
Service connection granted for cervical neck disability and bilateral upper extremity radiculopathy as secondary to the Veteran's service-connected cervical neck disability.,Respiratory condition (likely including bronchitis, URI, and pharyngitis) is remanded due to insufficient evidence of a nexus to service.,Gastrointestinal condition, to include hiatal hernia and gastroesophageal reflux disease with heartburn symptoms, is remanded for further examination.
- Remanded (sent back)
The Board has determined that the agency of original jurisdiction (AOJ) failed to substantially comply with prior remand directives and has ordered another examination for the Veteran's cervical neck disability, right knee, and right hip disabilities. The appeal is being remanded for further action.
- Denied
The Board has denied the Veteran's claim for service connection for a cervical neck disability, finding that there is no credible evidence showing it began during active service or is otherwise related to an in-service injury. The Board also found that the current cervical neck disability is not caused or aggravated by his service-connected low back disability.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.