The Board found that the reduction from a 30% to a 20% rating for residuals of cervical fracture was proper and upheld. The claim for an increased rating for the same condition was denied as there is no evidence showing marked interference with employment or necessitating frequent periods of hospitalization.
The deciding factor: The Board determined that the reduction in rating from 30% to 20% was based on improvement shown by recent VA examinations, which supported a lower rating. The claim for an increased rating did not meet the criteria as there were no indications of marked interference with employment or frequent hospitalizations.
- Claimed conditions
- Cervical Fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 6, 2008
- Citation
- 0804223
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 0804223.
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.
- Granted
The Veteran's emergency medical treatment at South Georgia Medical Center and Tallahassee Memorial Hospital from February 24, 2016 to March 3, 2016 was approved for payment due to the urgency of his condition and the unavailability of VA facilities.
- Denied
The Board found that the veteran's cervical fracture does not warrant a disability rating greater than 30 percent under Diagnostic Code 5240 for the entire period of the claim, as forward flexion was shown to be 10 degrees at worst and there is no evidence of unfavorable ankylosis.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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