The Board determined that an initial schedular disability rating in excess of 10 percent for the Veteran's cervical spine strain was not warranted by the evidence, and thus denied the claim for extraschedular consideration.
The deciding factor: There is no evidence showing periods of bed rest or incapacitation due to the Veteran's cervical spine disability, which are required for an extraschedular rating under VA regulations.
- Claimed conditions
- Cervical Spine Strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2011
- Citation
- 1137858
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 1137858.
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 Board has determined that the decision on appeal is legally inadequate due to insufficient notification and an inadequately supported medical opinion. The case is being remanded for further action.
- Remanded (sent back)
The Veteran's service-connected cervical spine, bilateral shoulder, and right ankle disabilities are remanded for further evaluation. The Veteran also has claims for increased ratings for tension headaches and sinusitis, which are also remanded.
- Granted
The Board has granted a 40 percent rating from September 28, 2019 for the Veteran's service-connected intervertebral disc syndrome with disc herniation L3-S1, status post discectomy L3-4 and L4-5. The other conditions have been rated based on their direct service connection.
- Remanded (sent back)
The Veteran's appeal for an initial compensable evaluation for service-connected bilateral hearing loss has been denied. The appeal for service connection of a cervical spine disorder is remanded due to the need for a VA medical opinion.
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