The Veteran's claim for a rating in excess of 40 percent for his cervical spine disability was denied. The Board found that the evidence did not show incapacitating episodes or ankylosis, and thus, the current schedular rating based on orthopedic limitation is appropriate. For TDIU, the Veteran failed to meet the percentage standards set forth in 38 C.F.R. § 4.16(a) but may still be eligible for a total disability rating if unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.
The deciding factor: The evidence did not show incapacitating episodes or ankylosis, which are required for higher ratings under the General Rating Formula for Diseases and Injuries of the Spine. The Veteran's TDIU claim was denied as he failed to meet the percentage standards set forth in 38 C.F.R. § 4.16(a).
- Claimed conditions
- cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 24, 2010
- Citation
- 1023571
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 1023571.
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.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Dismissed
The Board dismissed the appeals for service connection for a bilateral knee disability, bilateral upper and lower extremity peripheral neuropathy, lumbar spine disability, cervical spine disability, and chronic pain syndrome due to untimely notices of disagreement.
- Granted
The Board granted service connection for a cervical spine disability and a thoracolumbar spine disability, finding that the Veteran's current disabilities are causally or etiologically due to his time in service.
- Granted
The Board granted service connection for multiple disabilities, including cervical spine and thoracolumbar spine disabilities, radiculopathies, a bladder disability, headaches, a left knee disability, an acquired psychiatric disorder, and bilateral conjunctivitis. The Board also granted entitlement to a total disability rating based on individual unemployability due to service-connected disability.
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