The veteran's cervical spine disability has been rated at 20 percent since the grant of service connection. The current rating is not sufficient to reflect his condition, which includes severe intervertebral disc syndrome with radiculopathy and muscle atrophy.
The deciding factor: The veteran's current range of motion does not meet the criteria for a higher disability rating under the old or new VA spine rating criteria.
- Claimed conditions
- cervical spine degenerative disc disease, degenerative joint disease, degenerative disc disease, severe intervertebral disc syndrome with radiculopathy, muscle atrophy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 27, 2008
- Citation
- 0806526
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. Search VA.gov for the original decision (opens in a new tab) using citation 0806526.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
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- Whole decision: Denied
The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Whole decision: Denied
The Veteran's claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Whole decision: Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
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