The Veteran's cervical spine disability, characterized as post-operative residuals of a cervical discectomy and fusion, to include a scar, cervical degenerative disc disease, and intervertebral disc syndrome, is currently evaluated at 10 percent. The evidence does not support an increase in the rating.
The deciding factor: The Veteran's cervical spine disability has been characterized as post-operative residuals of a cervical discectomy and fusion, to include a scar, cervical degenerative disc disease, and intervertebral disc syndrome. His range of motion is normal with no more than mild impairment of the musculocutaneous, circumflex, and long thoracic nerves. There is no evidence of severe muscle spasm or abnormal gait/spinal contour.
- Claimed conditions
- Cervical discectomy and fusion, Cervical degenerative disc disease, Intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 7, 2009
- Citation
- 0929604
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 0929604.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's cervical spine disability, including right and left upper extremity radiculopathies, is granted as service connected. The issues of right and left upper extremity radiculopathy are remanded for further examination.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Veteran's claim for a higher rating for intervertebral disc syndrome of the thoracolumbar spine was denied as his disability did not meet the criteria for a rating in excess of 20 percent.
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