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
- Not verified here — check the original 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. Read the original VA decision (opens in a new tab) using citation 1240972.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, warranting a TDIU.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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