The Veteran's cervical spine disability is currently rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or incapacitating episodes. The separate evaluation for radiculopathy of the right upper extremity warrants no more than a 20 percent rating.
The deciding factor: The Veteran's cervical spine disability has been evaluated under the General Rating Formula for Diseases and Injuries of the Spine, which does not include provisions for ankylosis or incapacitating episodes. The most recent VA examination did not indicate unfavorable ankylosis or evidence of incapacitating episodes.
- Claimed conditions
- Degenerative disc disease of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 14, 2014
- Citation
- 1401825
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 1401825.
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 Board denied service connection for degenerative disc disease of the cervical spine, finding that there is no nexus between the current disability and active duty service.
- Remanded (sent back)
The Board has remanded the claims for service connection due to a duty to assist error, specifically regarding whether the Veteran's current conditions are aggravated by his service-connected DDD of the lumbosacral spine. The AOJ is required to obtain new medical opinions addressing this issue.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbar spine disabilities prior to October 22, 2008 are being remanded due to the need for additional retrospective medical opinions.
- Denied
The Board denied the Veteran's claim for service connection of degenerative disc disease of the cervical spine, finding that the evidence did not support a link between the condition and service.
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