The Board denied the Veteran's claim for an initial compensable rating for degenerative changes of the cervical spine prior to August 25, 2005, as service connection was properly severed and there is no basis under the schedule to award a compensable rating.
The deciding factor: The decision was based on the finding that the Veteran's cervical spine condition was due to willful misconduct and thus not in the line of duty, leading to the severance of service connection. There was no evidence of limitation of motion or other functional impairment during the relevant time period to support a compensable rating.
- Claimed conditions
- degenerative changes to the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 17, 2009
- Citation
- 0905775
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0905775.
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 Board has determined that the Veteran does not have a current diagnosis of right shoulder impingement, and thus cannot establish service connection for this condition. The claims for lumbar stenosis with degenerative disc disease and degenerative changes to the cervical spine are remanded for additional development.
- Whole decision: Denied
The Board found no current disability related to the veteran's inservice head injury and concussion, thus denying service connection for residuals of a head injury with concussion manifested as memory loss.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.