The Board denied the veteran's appeal to restore a 20 percent evaluation for osteoarthritis of the cervical spine, finding that the reduction from 20 percent to 10 percent was proper.
The deciding factor: The evidence showed improvement in range of motion and did not support a higher or separate evaluations under the applicable criteria.
- Claimed conditions
- osteoarthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 6, 2009
- Citation
- 0900379
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.
- Dismissed
The Veteran withdrew all pending claims and appeals, resulting in the dismissal of these matters.
- Remanded (sent back)
The Board remanded the appeal to review all evidence and issue a new statement of the case.
- Partly granted
The Board granted a rating of no more than 20 percent for the cervical spine, right shoulder, and migraine headaches from their respective effective dates, denied ratings in excess of these amounts, and dismissed appeals related to higher ratings.
- Remanded (sent back)
The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) prior to January 1, 2008, and remanded the claims for increased ratings for cervical spine osteoarthritis and radiculopathy of both upper extremities.
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