The veteran's claim for an increased evaluation for his service-connected cervical spine disability was denied as the evidence did not show severe limitation of motion, intervertebral disc disease with severe recurring attacks, incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks but less than six months during the past 12 months, forward flexion of the cervical spine 15 degrees or less, or favorable ankylosis of the entire cervical spine.
The deciding factor: The veteran's disability did not meet the criteria for higher ratings under the old and new rating criteria as his condition did not warrant a more severe evaluation based on limitation of motion or intervertebral disc disease with severe recurring attacks.
- Claimed conditions
- residuals of a discectomy of C5-C6, spur formation at C4-C7, radiculopathy, residual scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- July 30, 2007
- Citation
- 0723523
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 0723523.
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.
- Remanded (sent back)
The Veteran's appeal for a compensable disability rating for service-connected migraine headaches is remanded due to the need for further evaluation and consideration.
- Remanded (sent back)
The Veteran's claim for SMC based on loss of use of both lower extremities is being remanded due to a failure to obtain relevant private medical records. The AOJ will consider these records when readjudicating the claim.
- Granted
The Board has granted service connection for neurological impairment of the right and left lower extremities, variously diagnosed as neuropathy and radiculopathy, which is secondary to the Veteran's service-connected back disability.
- Granted
The Veteran's PTSD symptoms have caused occupational and social impairment with reduced reliability and productivity. The effective date for the grant of service connection for radiculopathy, right lower extremity is granted as August 24, 2012.
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