The Board found that the evidence did not establish improvement in the veteran's cervical disc herniation at the time of the reduction from a 40 percent to a 30 percent evaluation, and thus denied the claim for restoration of the higher rating.
The deciding factor: The VA examination and electrodiagnostic studies conducted in May 2003 did not clearly demonstrate improvement in the veteran's cervical spine disorder, despite his reported improvement in certain planes of motion.
- Claimed conditions
- Cervical disc herniation, Bilateral shoulder disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- December 11, 2006
- Citation
- 0638373
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 0638373.
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.
- Partly granted
The Veteran's claim for service connection for bilateral hearing loss was denied, and several claims were remanded for further development.
- Denied
The Board denied service connection for various conditions, including degenerative joint disease of the lower back, sleep apnea, bilateral chronic venous insufficiency, and a bilateral knee disability. The appeal was dismissed for an effective date prior to December 28, 2006, for total disability based on individual unemployability (TDIU).
- Denied
The Board denied the veteran's claims for service connection for a bilateral knee disability and a bilateral shoulder disability, as there was no evidence to support a causal relationship between the current disabilities and his military service.
- Denied
The Board denied service connection for an acquired psychiatric disability, bilateral ankle disability, bilateral shoulder disability, back disability, and tinnitus as the evidence did not support a finding of current disabilities or a link to in-service events.
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