The Board found that the veteran's cervical spine injury residuals do not meet the criteria for a rating higher than 40 percent, as there is no evidence of fracture injury to the vertebra or pronounced intervertebral disc syndrome. The current disability ratings are in effect.
The deciding factor: The clinical findings did not support the presence of pronounced intervertebral disc syndrome with persistent symptoms compatible with sciatic neuropathy and absent ankle jerk, which would warrant a higher rating under Diagnostic Code 5293 (2001).
- Claimed conditions
- residuals of cervical spine injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 15, 2007
- Citation
- 0725375
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 0725375.
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.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional examinations, as well as consideration of all relevant evidence.
- Denied
The Veteran's claims for service connection were denied as his examinations were cancelled due to non-reporting, and his peripheral neuropathy of the lower extremities was not found to be related to service or secondary to herbicide exposure.
- Remanded (sent back)
The case is being remanded for further development, including determining the duties performed during the Veteran's ADSW service and obtaining VA treatment records. Additionally, a VA examination will be scheduled to assess the relationship between the Veteran's disabilities and his active service.
- Denied
The Veteran's claims for service connection and increased ratings were denied. The Board is remanding the case to allow for further development.
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