The Veteran's claims for increased ratings for his service-connected cervical spine disability and associated neurological deficit of the left upper extremity have been denied. The VA has determined that the current evaluations do not meet the criteria for higher ratings.
The deciding factor: The evidence does not support a finding that the Veteran's condition warrants an evaluation in excess of 30 percent prior to July 5, 1996, in excess of 40 percent prior to September 26, 2003, and in excess of 50 percent beginning September 26, 2003 for service-connected post-traumatic auto fusion of C4-C5 fracture with fixed kyphotic deformity of the cervical spine at 40 degrees. The neurological deficit of the left upper extremity is not productive of moderate incomplete paralysis.
- Claimed conditions
- post-traumatic auto fusion of C4-C5 fracture with fixed kyphotic deformity of the cervical spine at 40 degrees
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 4, 2009
- Citation
- 0942050
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 0942050.
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.
- Remanded (sent back)
The case is being remanded for additional development, including a VA examination to determine the current nature and severity of the veteran's service-connected cervical spine disabilities.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.