The Veteran's claim for an initial evaluation in excess of 10 percent for cervical spine degenerative disk disease and cervical fusion at C6-7 with pseudoarthrosis is denied.
The deciding factor: The range of motion findings do not indicate limitation of motion that would warrant a higher rating, and there are no other factors present to support a higher evaluation.
- Claimed conditions
- cervical spine degenerative disk disease, cervical fusion at C6-7 with pseudoarthrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- June 4, 2009
- Citation
- 0920956
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 0920956.
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.
- Denied
The Board denied increased disability ratings for the Veteran's right shoulder degenerative joint disease and cervical spine degenerative disk disease, as the criteria for higher ratings were not met.
- Dismissed
The Board dismissed the appeal for eligibility to direct payment of attorney fees based on past-due benefits awarded in a November 2020 Rating Decision as the appellant withdrew his Notice of Disagreement.
- Granted
The Board has granted the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that her combined rating of 70% or more makes it at least as likely as not that she is unable to secure and follow substantially gainful employment.
- Remanded (sent back)
The Board has decided to remand the case due to deficiencies in prior examinations and new evidence suggesting that the Veteran's cervical spine disability may have worsened since his last examination. A new VA examination is needed to assess the current severity of the condition.
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