The Veteran's claims for increased evaluations of his cervical spine disability and SMC based on loss of use of the right foot were denied. The Board found that the evidence did not meet the criteria for a higher rating or SMC.
The deciding factor: The evidence did not show any ankylosis, intervertebral disc syndrome (IVDS), or other conditions that would warrant a higher evaluation than 30 percent for his cervical spine disability. The Veteran's right foot and lower extremity disabilities were found to be less disabling than the amputation stump option.
- Claimed conditions
- chronic neck pain with history of trauma, cervical spine fusion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2012
- Citation
- 1240972
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 1240972.
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.
- Remanded (sent back)
The Board remands the claims for service connection and TDIU due to unverified periods of active duty for training (ADT) and inactive duty for training (IDT), as well as a lack of complete service treatment records.
- Remanded (sent back)
The Board remands the claim for service connection for cervical spine fusion due to missing evidence and an improperly filed initial claim.
- Granted
The Veteran's claim for compensation under 38 U.S.C. § 1151 for residuals of cervical spine surgery, cervical canal stenosis, and cervical spine fusion is granted due to the presence of additional disability caused by VA treatment without proper informed consent.
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