The veteran's only non-service connected disability, cervical degenerative disc disease, does not meet the criteria for a permanent and total disability rating for pension purposes.
The deciding factor: The veteran's cervical spine disability is rated at 10 percent under Diagnostic Code 5242 (2005) and does not meet the threshold requirement of a schedular permanent and total evaluation as he has only one condition rated less than 60 percent. Additionally, his age and education do not allow him to secure or follow substantially gainful employment.
- Claimed conditions
- cervical degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 24, 2006
- Citation
- 0605432
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0605432.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted effective dates of November 6, 2020 for both the TDIU and DEA benefits. The Veteran had no service-connected disabilities prior to this date.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a lack of an adequate opinion regarding whether the Veteran's cervical spine disability is caused or aggravated by his service-connected lumbar disability.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claim for service connection for cervical spine degenerative disc disease due to insufficient evidence regarding its onset and relationship to his military service. An additional VA examination is needed to address these matters.
- Whole decision: Denied
The Board denied the Veteran's claims for special monthly compensation (SMC) and special monthly pension (SMP) based on need for regular aid and attendance (A&A) or housebound status due to insufficient evidence showing that he needed such assistance.
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