The Board found that the Veteran's degenerative disc disease of the cervical spine did not warrant a rating in excess of 30 percent for the period prior to January 1, 2009, and that the reduction from 30 percent to 10 percent was improper; however, a higher rating since January 1, 2009, is also not warranted.
The deciding factor: The Veteran's degenerative disc disease of the cervical spine did not meet the criteria for a higher rating based on the evidence provided by medical examinations and treatment records.
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 17, 2009
- Citation
- 0905585
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for degenerative disc disease of the cervical spine, left and right upper extremity radiculopathy, as secondary to a service-connected lower back disability.
- Remanded (sent back)
The Board remands the claims for an increased rating in excess of 20 percent for degenerative disc disease of the cervical spine and entitlement to TDIU due to the need for a medical opinion on whether the Veteran's symptoms amount to functional ankylosis.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine and cervical spine, finding that these conditions are related to the Veteran's combat service in the Persian Gulf.
- Remanded (sent back)
The Board remands the claim for service connection for a neck condition, to include degenerative disc disease of the cervical spine, cervical lordosis, and bone atrophy, as secondary to degenerative disc disease of the thoracolumbar spine, due to duty to assist errors.
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