The Board denied the Veteran's request to reopen his claim for service connection for a cervical spine disorder and found that new and material evidence had not been submitted. The Veteran's depression was rated at 30% prior to March 21, 2002, but increased to 50% from March 21, 2002 through August 15, 2005. His right shoulder disability is currently rated as 10%, and the maximum schedular evaluation for limitation of motion has not been met. The Veteran's claim for an effective date prior to May 30, 2001 for service connection for depression was also denied.
The deciding factor: The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a cervical spine disorder. For his depression, the Board determined that the Veteran's symptoms did not meet the criteria for an increased evaluation beyond 30%. The maximum schedular evaluation for limitation of motion was not met for his right shoulder disability.
- Claimed conditions
- degeneration cervical spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 9, 2010
- Citation
- 1025728
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 1025728.
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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