The Veteran's cervical spine disability, including associated neurological impairment, has been evaluated as 40 percent disabling under the applicable rating criteria. The Board denied a higher extra-schedular rating based on evidence of exceptional or unusual disability.
The deciding factor: The Veteran’s cervical spine disability is already rated at its maximum allowable under the applicable schedular criteria and there is no evidence of an exceptional or unusual disability warranting consideration of an extra-schedular evaluation.
- Claimed conditions
- Degenerative Joint Disease (DJD) of the cervical spine, Neurological impairment associated with cervical spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 29, 2014
- Citation
- 1443460
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 1443460.
What this means for you
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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 remanded the Veteran's claims for a disability rating in excess of 30 percent for cervical spine DJD, right upper extremity radiculopathy, and left upper extremity radiculopathy due to incomplete development.
- Remanded (sent back)
The Veteran's claims for increased ratings for cervical and lumbosacral spine disabilities have been remanded due to new treatment records showing possible worsening of his conditions.
- Remanded (sent back)
The Board has remanded the case due to inadequate medical opinions regarding the nature and etiology of the Veteran's cervical spine disability, including whether it is related to service or secondary to a service-connected condition.
- Denied
The Veteran's cervical spine disability is rated at 20 percent, effective February 5, 2022. The rating for LUE radiculopathy remains unchanged.
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