The Veteran's claim for an increased evaluation for her service-connected degenerative joint disease of the cervical spine with radiculopathy was denied as it did not meet the criteria for a higher rating.
The deciding factor: The medical evidence showed that the Veteran had severe limitation of motion and intervertebral disc disease, but no more than severe symptoms warranting an evaluation in excess of 40 percent.
- Claimed conditions
- degenerative joint disease of the cervical spine with radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 6, 2009
- Citation
- 0912773
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0912773.
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.
- Partly granted
The Board has remanded the Veteran's claims for additional development, including obtaining outstanding service treatment records and an addendum opinion concerning the nature and etiology of his neck disability. The Veteran is seeking service connection for erectile dysfunction and cervical spine disorder, with secondary to a service-connected left wrist causalgia.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination and completion of a formal application for TDIU.
- Granted
The Board has determined that the veteran's service connection claim for degenerative joint disease of the cervical spine with radiculopathy is granted.
- Denied
The VA denied the veteran's claim for an increased evaluation of her cervical spine disability, currently rated at 40 percent. The evidence did not meet the criteria for a higher rating based on severe limitation of motion or intervertebral disc disease.
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