The veteran's degenerative disc disease of the cervical spine is manifested by chronic pain, some moderate limitation of range of motion with pain and modest shoulder and left arm numbness and tingling without ankylosis, no incapacitating episodes that require bed rest prescribed by a physician and treatment by a physician, or other significant impairment. The criteria for a disability evaluation greater than 20 percent have not been met.
The deciding factor: The veteran's cervical spine degenerative disc disease does not meet the criteria for a higher rating due to the lack of incapacitating episodes, ankylosis, or more severe limitation of motion.
- Claimed conditions
- cervical spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 25, 2008
- Citation
- 0809909
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 Board remands the claims for a higher rating in excess of the current ratings for various musculoskeletal conditions.
- Granted
The Board granted service connection for multiple musculoskeletal conditions and a psychiatric condition, all of which were determined to be caused by an in-service injury.
- Denied
The Board denied the veteran's claims for increased ratings and remanded several service connection claims.
- Partly granted
The Board denied increased disability evaluations for several conditions, dismissed claims for others, and remanded two issues for further development.
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.