The Board has determined that it does not have authority to grant an extraschedular evaluation for the Veteran's cervical spine disorder, as only the Under Secretary for Benefits and the Director of Compensation Service have this authority.
The deciding factor: Only the Under Secretary for Benefits and the Director of Compensation Service have the authority to award an extraschedular rating under 38 C.F.R. § 3.321(b).
- Claimed conditions
- traumatic arthritis of the cervical spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 16, 2015
- Citation
- 1539888
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. Search VA.gov for the original decision (opens in a new tab) using citation 1539888.
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: Dismissed
The Veteran's appeals seeking higher ratings for traumatic arthritis of the cervical spine, dorsal spine, back disability, and left ulnar nerve have been withdrawn. As a result, these issues are dismissed.
- Whole decision: Dismissed
The Veteran's appeal for increased ratings and TDIU has been dismissed as he is already receiving the maximum combined rating for his service-connected disabilities.
- Whole decision: Remanded (sent back)
The Board has ordered remand for further examination and opinion regarding the Veteran's left foot drag, service connection for traumatic arthritis of the cervical spine, and service connection for traumatic arthritis of the lumbar spine. The issues are also remanded for a determination on special monthly compensation.
- Whole decision: Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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