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 assigned
- 10%
- Decision date
- February 24, 2006
- Citation
- 0605432
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 service connection for multiple conditions, including bilateral foot disability, knee disability, ankle disability, cervical degenerative disc disease, spondylosis, and cervicalgia, secondary to a service-connected lumbar strain, as well as GERD. The claims of readjudication were also granted.
- Denied
The Board denied increased ratings for the neck, left wrist ganglion cyst, and left wrist scar; granted increased ratings for the bilateral CTS and hypertension for part of the periods of appeal; and remanded the issues of increased ratings for bilateral CTS with radiculopathy from June 20, 2022, and entitlement to a TDIU prior to June 20, 2022.
- Granted
The Board granted an initial rating of 30 percent for cervical degenerative disc disease, resolving all doubt in favor of the Veteran.
- Denied
The Board denied service connection for cervical degenerative disc disease, cervical degenerative joint disease, and bilateral upper and lower extremity radiculopathy as the probative evidence did not support a finding that these conditions were related to the Veteran's active military service.
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