The Veteran's claim for an increased rating for his service-connected cervical spine degenerative disc disease was denied by the RO, with a final denial in April 1995. The VA examinations conducted prior to this decision showed moderate limitation of motion and no neurological abnormalities.
The deciding factor: The evidence did not meet the criteria for a higher rating based on the severity of the Veteran's cervical spine disability as defined by Diagnostic Codes 5235-5243.
- Claimed conditions
- cervical spine degenerative disc disease, chronic neck pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 19, 2011
- Citation
- 1126949
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 1126949.
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.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Remanded (sent back)
The Board has denied service connection for sinusitis and remanded the Veteran's claims for chronic lower back pain, right knee pain, left knee pain, neck pain, and GERD.
- Denied
The Board denied an earlier effective date for service connection of chronic neck pain and cervical strain, finding that the Veteran did not file a claim for these conditions until June 28, 2013.
- Granted
The Veteran's service-connected disabilities prevented him from engaging in gainful employment as of January 1, 2019. The Board granted a TDIU effective from that date.
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