The Board has denied the Veteran's claims for an initial compensable rating for surgical scar and a rating in excess of 20 percent for degenerative joint disease of the cervical spine, C5-7, status post spinal fusion.
The deciding factor: The evidence did not meet the criteria for a compensable rating under any applicable diagnostic codes due to lack of disfigurement or instability. The Veteran's cervical spine disability was rated based on limitation of function rather than scars.
- Claimed conditions
- surgical scar, degenerative joint disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 28, 2009
- Citation
- 0928081
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 0928081.
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
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- Granted
The Board has granted the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to his service-connected disabilities, which include stressor related disorder, prostate cancer residuals, surgical scar, and erectile dysfunction. The combined disability rating is at least 80 percent.
- Remanded (sent back)
The Veteran's application for PCAFC eligibility was denied due to the CEAT finding that he did not require personal care services based on his service-connected conditions. The Board has ordered remand to obtain an adequate medical opinion from the CEAT regarding the Veteran's need for personal care and supervision.
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