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
Veterans Law Judge
Decisions by this judge: 362 · Granted: 24% (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 0638373.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeal of the June 2025 AOJ decision regarding entitlement to service connection for disabilities caused by thyroid is dismissed. The AOJ's denial of other claims (bilateral knee, shoulder, hip, neuropathy, and stomach ulcer) is remanded.
- Remanded (sent back)
The Board has found that additional development is needed for the issues on appeal, including obtaining relevant treatment records and medical examinations to evaluate the Veteran's GERD and shoulder disabilities. The remand also includes requesting clarification of certain laboratory testing results and addendum opinions regarding service connection.
- 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).
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