The veteran's cervical spine disability was rated at 10 percent from October 5, 1988 to October 6, 1991.,From October 5, 1988 to March 31, 1995, the veteran did not meet criteria for a rating in excess of 10 percent for cervical spine disability.,From April 1, 1995 to May 27, 1997, the veteran's cervical spine disability warranted a 20 percent evaluation.,Effective dates prior to May 3, 2004 were granted for right and left upper extremity radiculopathy.,Compensable scar residuals of cervical spine fusions were not shown prior to May 3, 2004.
The deciding factor: The veteran's cervical spine disability met the criteria for a 10 percent evaluation from October 5, 1988 to October 6, 1991.,From October 5, 1988 to March 31, 1995, the veteran did not meet the criteria for a rating in excess of 10 percent due to mild symptoms.,From April 1, 1995 to May 27, 1997, the veteran's cervical spine disability warranted a 20 percent evaluation based on moderate recurring attacks.,Effective dates prior to May 3, 2004 were granted for right and left upper extremity radiculopathy due to their onset in February 1995.,Compensable scar residuals of cervical spine fusions were not shown prior to May 3, 2004.
- Claimed conditions
- Cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 18, 2006
- Citation
- 0639378
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (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 0639378.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Remanded (sent back)
The Board has remanded the claims for service connection for brain cancer, low back disability, and cervical spine disability due to a pre-decisional error in failing to obtain a radiation dose estimate from the Under Secretary for Health. The Veteran's military service aboard USS ENTERPRISE is considered relevant to his exposure to ionizing radiation.
- Granted
The Veteran's cervical spine condition had its onset in service and has continued since then, meeting the criteria for service connection.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his cervical spine, thoracolumbar spine, left shoulder, right shoulder, upper extremity neurological, and lower extremity neurological disabilities due to inadequate VA medical examinations in March 2019 and January-May 2016. The new examinations must consider the Veteran's reported onset dates for his symptoms.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.