The veteran's claims for increased ratings for cervical spine degenerative disc disease, allergic rhinitis, and status post excision of malignant melanoma were denied. The RO assigned a 40 percent evaluation for cervical spine degenerative disc disease effective from May 12, 2005.
The deciding factor: The veteran's claims were not supported by the evidence provided in his service records or subsequent medical records that would warrant an increased rating based on the current criteria under Diagnostic Codes 5237 and 5243 for degenerative disc disease of the cervical spine, Diagnostic Code 6522 for allergic rhinitis, and Diagnostic Codes 7818-7805 for status post excision of malignant melanoma.
- Claimed conditions
- Cervical Spine Degenerative Disc Disease, Allergic Rhinitis, Status Post Excision of Malignant Melanoma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2008
- Citation
- 0829212
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 0829212.
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
The Veteran's allergic rhinitis is currently rated as 10 percent disabling prior to September 16, 2024 and noncompensable thereafter. The Board found the evidence against finding that his condition met the criteria for a higher rating.
- Whole decision: Denied
The Veteran's initial claim for an increased rating for allergic rhinitis was denied as his symptoms did not meet the criteria for a compensable rating under Diagnostic Code 6522.
- Whole decision: Remanded (sent back)
The Board has determined that the VA medical exams provided are inadequate for rating purposes and remands the case to obtain an adequate examination and opinion regarding the Veteran's service-connected allergic rhinitis. The Veteran is entitled to a higher disability rating for his service-connected allergic rhinitis.
- Whole decision: Denied
The Veteran's allergic rhinitis has not been manifested by greater than 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side, and no nasal polyps have been found. Therefore, an initial compensable rating for allergic rhinitis is denied.
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