The VA determined that the veteran's cervical spine disability does not warrant an evaluation in excess of 40 percent, as it did not meet the criteria for ankylosis or pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and little intermittent relief.
The deciding factor: The medical evidence did not demonstrate ankylosis or incapacitating episodes lasting at least six weeks during any 12-month period, which are required for a higher evaluation under the applicable rating criteria.
- Claimed conditions
- degenerative disc disease and degenerative arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 26, 2006
- Citation
- 0615560
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (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 0615560.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for various radiculopathies and cervical spine conditions, with effective dates of March 7, 2014, but no earlier, and June 23, 2014, but no earlier. It also granted an initial rating of 30 percent from March 7, 2014, for degenerative disc disease and degenerative arthritis of the cervical spine, and a 40 percent rating from June 23, 2014, for degenerative disc disease and degenerative arthritis of the lumbar spine.
- Granted
The Board has granted service connection for left ear hearing loss, migraine headaches, erectile dysfunction, and degenerative disc disease and degenerative arthritis of the cervical spine. The Veteran's PTSD was also rated at 30 percent effective December 11, 2014.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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