The veteran's cervical spine strain is not shown to be more severe than the currently assigned 30 percent rating, and there are no other service-connected conditions for which a higher initial disability rating can be granted.
The deciding factor: The evidence does not support a finding of unfavorable ankylosis or significantly worse limitation of motion that would warrant a higher rating under the applicable criteria.
- Claimed conditions
- Cervical strain with spondylosis, Prostatitis, Thoracolumbar spine condition
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- May 20, 2008
- Citation
- 0816565
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
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied the veteran's claim for Dependency and Indemnity Compensation (DIC) under 38 USC 1318 as the criteria were not met, and remanded the service connection for cause of death due to inadequate medical evidence.
- Partly granted
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- Denied
The Board denied the veteran's claims for an earlier effective date for TDIU and DEA benefits, as well as a higher disability rating for PTSD and a compensable rating for prostatitis.
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