The Board denied the veteran's claims for reopening his service connection claim for cervical spine spondylosis and for an increased rating for spondylolisthesis of the lumbar spine, finding that new and material evidence had not been submitted to reopen the cervical spine spondylosis claim and that the current disability rating for the lumbar spine condition was appropriate.
The deciding factor: The Board determined that the newly submitted medical evidence did not relate to an unestablished fact necessary to substantiate the veteran's claims, as it consisted of duplicate records previously considered by the RO. The Board also found no basis to assign a higher disability rating for the lumbar spine condition based on functional loss due to pain or other symptoms.
- Claimed conditions
- cervical spine spondylosis, spondylolisthesis of the lumbar spine
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- December 7, 2006
- Citation
- 0638056
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 0638056.
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.
- Dismissed
The veteran withdrew the appeal for all service connection and increased rating claims, including those related to various conditions such as right foot condition, TMJ, asthma, jawbone condition, sleep apnea, kidney stones, chronic bronchitis, Alpha gal, encephalopathy, left shoulder, left ankle, cervical spine, right hip, tachycardia, loose teeth, and jawbone condition.
- Remanded (sent back)
The Board remands the claims for a rating in excess of 10 percent and 20 percent for cervical spine spondylosis and lumbar spine degenerative disc disease with degenerative arthritis, as an adequate medical opinion has not been obtained.
- Partly granted
The Board granted a 30 percent rating for cervical spine spondylosis from September 23, 2013 and a 40 percent rating for right upper extremity (RUE) radiculopathy prior to December 16, 2013. Other claims were denied.
- Remanded (sent back)
The Board remands the issues of increased ratings for cervical spine and thoracolumbar spine spondylosis for additional development.
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