The Board denied a rating in excess of 30 percent for the service-connected cervical spine disability, finding that as of January 13, 2006, the disability picture more nearly approximated severe limitation of motion with some deformity of C5. Prior to this date, the disability was manifested by moderate limitation of motion and deformity.
The deciding factor: The Veteran's cervical spine disability met the criteria for a rating of 40 percent as of January 13, 2006, based on severe limitation of motion with some deformity. Prior to this date, the disability was rated at 30 percent due to moderate limitation of motion and deformity.
- Claimed conditions
- Compression fracture of the body of C5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 24, 2009
- Citation
- 0915602
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 0915602.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for further development due to uncertainty regarding the current status of the veteran's cervical spine condition and whether all reported symptoms are related to his service-connected disability.
- Granted
The Board has granted a 30 percent rating for the veteran's service-connected compression fracture of the body of C5, which is the highest schedular rating available under current VA regulations.
- 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.
- 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.
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