The Veteran's claim for a higher initial rating for degenerative joint and disc disease of the cervical spine was denied. The Board found that the evidence did not meet the criteria for an increased rating, as there were no findings of ankylosis or incapacitating episodes lasting at least 4 weeks during any 12-month period.
The deciding factor: The Veteran's disability did not result in unfavorable ankylosis and had no associated neurological manifestations that would warrant a separate evaluation. The evidence showed functional limitations consistent with the current 30 percent rating, but no additional impairment due to flare-ups or other factors.
- Claimed conditions
- Degenerative Joint and Disc Disease of the Cervical Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 15, 2014
- Citation
- 1445699
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 1445699.
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 cervical spine disability is rated at 30 percent, effective from the date of the decision. A separate 20 percent rating for sleep impairment and muscle atrophy due to cervical spine disability is granted. Right upper extremity radiculopathy prior to November 8, 2016, is also granted a 40 percent rating.
- Granted
The Veteran's claim of service connection for a neck condition was granted, and he is now entitled to a 10 percent rating for his degenerative joint and disc disease of the cervical spine. Other claims were remanded.
- Remanded (sent back)
The Board has determined that the Veteran's claims for increased ratings and initial ratings are remanded due to inadequate consideration of extraschedular criteria, lack of discussion regarding marked interference with employment, and need for additional examinations. The case is being referred back to the Director of Compensation Service for further review.
- Denied
The Board denied the Veteran's claim of service connection for degenerative joint and disc disease of the cervical spine, finding that there is no evidence to support a link between his current condition and service.
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